THE WORKS
ARCHBISHOP LAUD,
LONDON :
K. CLAY, PRINTER, BREAD STREET HILL.
THE
WORKS
MOST REVEREND FATHER IN GOD,
WILLIAM LAUD, D.D.
SOMETIME LORD ARCHBISHOP OF CANTERBURY.
VOL. IV.
HISTORY OF TROUBLES AND TRIAL, &c.
OXFORD :
JOHN HENRY PARKER.
M DCCC LIV.
NOTICE.
THE present volume contains the remaining portion of
the Archbishop's History, including the narrative of his
Trial, day by day. There will be found in the notes, besides
the usual biographical notices, very large extracts from the
Journals of the Houses of Lords and Commons, either
illustrative and confirmatory of the Archbishop's statements,
or else carrying on more minutely than he was able to do,
the details of his history, towards its melancholy close.
The remainder of the volume contains the following
additional documents : (1) A fuller account of the Arch
bishop's death, from Rushworth and Heylin ; (2) his dying
Speech ; (3) his last Will and Testament, reprinted from the
edition published by John Bruce, Esq., in his account of
the Archbishop's Berkshire benefactions ; (4) illustrative
extracts from the Conference with Fisher, and other books
referred to in the preceding History ; (5) Rome's Master-
Piece.
All these, with the exception of the more complete edition
of the Will, are simple reprints of Henry Wharton's edition.
VI NOTICE.
The Answer to the Lord Say and Selo's Speech, and
the Archbishop's Annual Accounts of his Province, which
were also inserted by Wharton, as part of the Appendix
to the History, appear elsewhere in this edition.
JAMES BLISS.
OCJBOURNK ST. ANDREW,
Dec. 19, 1853.
CONTENTS,
Page
I. History of Troubles and Trial (continued) . 1
IT. Supplement to the History, from Rushworth and Heylin 420
III. The Archbishop's Dying Speech .... 430
IV. His Last Will and Testament . . . . .441
V. Appendix of Illustrative Extracts, by H. Wharton . 452
VI. Rome's Master-Piece 403
THE HISTORY
THE TROUBLES AND TRIAL
ABCHBISHOP LAUD.
192 CAP. XIV.
ST. LEONARD'S, Foster-Lane, London, is in the gift of the
Dean and Chapter of Westminster. Mr. William Ward the
Incumbent had resigned, and besides was censured by a
Committee in Parliament, for innovations, and I know not
whata. One Mr. George Smith was tendered (it seems) to
the Dean and Chapter of Westminster. How things were
carried there, I know not ; but they let their living fall in lapse
to the Ld. Bishop of London. His six months likewise were
suffered to slide over, and the benefice was lapsed to me, as
Archbp. of Canterbury, about March the 3d. In all this Mart. 3,
time Mr. Ward had not the providence l to seek to the King
for remedy, or to the original patrons, whose presentation at
any time before the Bishop had filled the Church, was (as
I am informed) good in law.
This benefice being now in my dispose, the precise part of
the parish petition the Parliament for the aforesaid Mr. George
1 'prudence'
a [Ward had given offence to the on his sequestration, where it is said
Parliament by having denounced the he died for want. (Lloyd's Worthies,
Scots as traitors in a concio ad clerum p. 508.)]
at Sion College. He retired to Oxford
LAUD. — VOL. iv.
2 HISTORY OF THE TROUBLES AND TRIAL
Smith; and by the means of my Lord Kimbolton1' (a great
patron of such men) obtain this Order following :—
"Die Jovis, 17 Martii, 1641.
" Upon the reading of the Petition of the parishioners of
St. Leonard's, Foster-Lane, London, it is ordered by the Lords
in Parliament, that Mr. George Smith, elected and approved
by the Dean of Westminster, and the parishioners of St.
Leonard's, Foster-Lane, be especially recommended to the
Ld. Archbp. of Canterbury his Grace from this (86) House,
that the said Mr. Smith may be forthwith presented to the
parish church of the said St. Leonard.
" JOHN BROWN, Clericus Parliament"
Mar. 19, This order was brought me by the Churchwardens, and
some of the parish, on Saturday, March 19. I was sorry for
the honest Incumbent's sake, Mr. Ward; and troubled in
myself to have such an order sent me : especially, considering
that the Lords' former order c (though, as I was 1 informed,
against all law, yet) was so moderate as to suffer me to nomi
nate to benefices, so that the men were without exception.
I put them off till Monday. In the meantime I advised with
my learned counsel, and other friends. All of them agreed
in this ; That it was a great and a violent injustice put upon
me ; yet in regard of the time, and my condition, they
persuaded me to give way to their power, and present their
clerk.
Mar. 21, On Monday, Mar. 21, they repaired to me again: I sent
them to my Register, to draw a presentation according to the
Order of Parliament, and advised them while that was in
drawing, to send Mr. Smith to me. One of them told me
very boldly, that it was not in the Order of Parliament, that
Mr. Smith should come to me ; and another told me 2 that
Mr. Smith would not come to me. Upon this unworthy usage
of me, I dismissed them again, having first, in obedience to
the order, sealed and set my hand to the presentation, ready
for delivery when Mr. Smith came for it. 193
1 [' was' originally written ' am '] 2 [' told me ' on opposite page.]
b [Edward Montagu, the eldest son c P. 81 [of original MS. See vol.
of the Earl of Manchester.] iii. p. 451.]
OF ARCHBISHOP LAUD. 3
The next morning these men repair again to the Lords'
House, and on Wednesday, Mar. 23, procure another order d, Mar 23
strictly commanding me forthwith to deliver the presentation I64f .
to the parishioners1.
This order being settled, the E. of Holland6 made a motion,
and put the Lords in mind that I lay under a heavy charge,
and had long lain so : that it would be honourable for the
Parliament to bring my cause to hearing, that so I might
receive punishment if 2 I were found to deserve it 3, or other
wise have some end of my troubles. There was a great dis
pute among my friends, quo ammo, with what mind this Ld.
moved it, especially then, when almost all my friends in both
Houses were absent. Howsoever I took it for the best,
desiring nothing more than an end ; and therefore sent a gen
tleman the next day to give his Lp. thanks for his nobleness
in remembering me. And if he did it with an ill mind, God
forgive him, and preserve me. But whatsoever his Lp.'s
intent was, his motion, after some debate, begat a message to
the House of Commons, to ripen my business f; but it died
again, arid nothing done.
The order last above written, concerning Mr. Smith, the
parishioners brought to me the same day in the afternoon.
It happened that the L. Primate of Armagh % was then with
me. I showed him the order, and he blessed himself to see
it ; yet advised me to obey, as my other friends had done. I
further desired him to stay and hear my answer to them,
which was this : That I knew not what report they had made
1 [A passage is here erased, of which only the first few words are legible,
* The Ld. Kimbolton saying Mr. Smith ']
2 ['receive ... if ' on opposite page.] 3 ['it,' interlined.]
d [" Ordered, that the Lord Arch- whereby the Church is still troubled,
bishop of Cant, shall forthwith confer notwithstanding his imprisonment in
the presentation of St. Leonard's, Fos- the Tower of London, that the House
ter Lane, according to a former order of Commons might be sent to, to be
of this House, dated the 17th of this desired that they would proceed to
instant March, upon Mr. George Smith, make good their impeachment of high
Clerk, and that his Grace shall forth- treason against him, that so he might
with deliver the said presentation unto receive judgment according to his
the Churchwardens or parishioners of demerit ; and likewise to move the
that parish."] House of Commons, that they would
•e [Henry llich.] proceed against the rest of the delin-
f [" It was moved, That considering quents with what conveniency they
the power which the Archbishop of may."]
Cant, hath in ecclesiastical matters, « [James Ussher.]
B 2
4 HISTORY OF THE TROUBLES AND TRIAL
of me and my obedience to the Lords ; and that therefore I
would give their Lps. in writing an account of my proceed
ings1 ; but would deliver the presentation to Mr. Smith when
he came. The Ld. Primate cried shame of them to their
faces ; so they went away.
Mar. -21, Qn Thursday, March 24, in an humble petition I informed
the Lords how ready I was to obey ; only desired that Mr.
Smith might come to me, that I might see his orders, and
examine his sufficiency ; to both which I stood bound both
in conscience and by law. Upon reading of this petition,
some Lords said Mr. Smith was an unmannerly fellow, not
to come to me ; but the L. Kimboltoii told them he was a
very worthy man, and that he might go to me afterward ;
but it was fit their order should be obeyed. And the E. of
Warwick11 added, that I desired Mr. Smith (87) might come
to me, only that I might pick a quarrel with him, to frustrate
the order of the House. Upon this there followed instantly
a peremptory order, commanding me to present obedience1.
So Mr. Smith was left to come to me afterwards, if he pleased;
and he came not at all, which was as good as if he had come,
to have his sufficiency examined for that which he had
already in possession. But how worthy and fit he proved, I
refer to all honest men that heard him afterwards k.
Upon this order, according to the former advice of my
friends l, I delivered the presentation to the churchwardens
and parishioners ; and if anything proved amiss in the man,
(as after did in a high measure,) or hurtful in the thing itself,
I humbly besought God to have mercy on me, and to call
for an account of them who laid this pressure upon me.
1 [Originally ' proceedings herein ;']
'Rob. "Rich.] year. On his death he was succeeded
[" Upon reading the petition of by James Nalton, who was appointed,
the Archbishop of Canterbury, it is April 13, 1643, "ad recommcndatio-
ordered, That he shall confer forth- nemsivenoniinationem honorabilium
with the presentation of St. Leonard's Virorum Dominorum in suprema cu-
Foster Lane, upon George Smith, Clerk, ria Parliament! congregatorum, juxta
according to former orders of this ordinem in ea parte editam." (New-
House."] court, Report, vol. i. p. 395.)]
k [Smith, who was instituted April > [P. 86 (of orig. MS.) Sec above,
19, 1642, held this benefice only fur a p. 3.]
OF ARCHBISHOP LAUD.
194 CAP. XV.
BEFORE ' this time the rectory of Stisted in Essex was fallen
void, and in my gift. The E. of Warwick was an earnest
suitor to me for it, for one Mr. Clark : I delayed, having six
months' time by law to dispose of my benefices. During this
delay, Mr. Richard Hewlett, a bachelor of divinity, and a
man of very good worth, a dean in Ireland a, was by the
rebels there turned out of all he had, and forced, for safety
of his life, to come with his wife and children into England :
his wife was my near kinswoman b. At their coming over I
was forced to relieve them, else they might have begged.
Hereupon I resolved in myself to give Stisted to Mr. Hewlett,
and to gratify Mr. Clark with something after; nothing
doubting but that the Parliament would readily give way in
such a case of necessity, for so worthy a man as Mr. Hewlett
was known to be.
While these things were in my thoughts, two other great
benefices fell into my disposal, Booking, and Lachingdon,
both in Essex. Presently the parishioners petition me;
they of Booking for Dr. Gawdenc, a chaplain of the E. of
Warwick's; they of Lachingdon, that they might choose
their own minister. I gave a fair answer to both, but reserved
myself. Then I was pressed with letters from the E. of
Warwick, for Dr. Gawden. My answer was, I could not
gratify Dr. Gawden with Bocking, and Mr. Clark with
Stisted. Then Dr. Gawden brings me a very earnest letter,
but very honourable, from the E. of Hertford11. When I saw
7
1 [' Before ' originally ' By']
a [Installed as Dean of Cashel, b [See the Archbishop's letter to
March 9, 163f , in the place of William Bp. Bramhall, Aug. 11, 1638.]
Chappell, appointed Bp. of Cork. He c [Gawden retained this preferment
had been the tutor of Bramhall at during the Rebellion, and at the Resto-
Sidney Sussex College, and also of ration was appointed successively Bp.
Oliver Cromwell (Wood, F. 0. ii. 153). of Exeter and Worcester.]
The names of some of his other pupils <l [William Seymour, eleventh Earl
are mentioned below.] and first Marquis of Hertford.]
6 HISTORY OF THE TROUBLES AND TRIAL
myself thus pressed, I resolved to name fit men to all three
benefices, presently, and see how the Parliament would be
pleased to deal with me.
Before I did this, I thought fit to make a fair offer to the
E. of Warwick, who by Dr. Gawden's entreaty came to me
to the Tower. I freely told his Lp. my resolution, which
was, that at the desire of his Lp., and my honourable friend
the L. Marquess of Hertford, I would give Bocking to Dr.
Gawden ; Lachingdon to Mr. Howlett, in regard of his alliance
to me, and his present necessities ; and Stisted to Mr. New-
stede, to whom I was pre-engaged by promise to my ancient
worthy friend, Sir Tho. Rowef, whom Mr. Newsted had served
in his embassages seven years; and for Mr. Clark, he
should have the next benefice which fell in my gift, for his
Lp/s sake. His Lp. seemed to be very much taken with
this offer of mine, and promised me, and gave me his hand
upon it, that he would do me all the kindness he could, that
these my nominations might pass with the Lords.
Mar. 31, Upon this I rested, and according to my promise, petitioned
the Lords, as is expressed. Upon the reading of this petition,
the Lords ordered me presently to collate Bocking upon Dr.
April 1, Gawden; which I did, the order being brought unto me the
next day?. But for the other two, the Lords took time to
consider. The E. of Warwick was then present in the House,
and, as I was informed, said little or nothing. This made 195
me fear the worst; and therefore I advised Mr. Howlett to
get a full certificate of the L. Primate of Armagh, both for
c [Christopher Newstead was Vicar conceives to be deserving men for
of St.Helen's, Abingdon, June 21, 1629 those places, and desires their Lord-
(Rymer, Feed. VIII. iii. 84); Rector of ships' approbation of them before he
Halingbury, June 1, 1636 (ibid. IX. presents.
ii. 88) ; and Preb. of Caddington Minor " The names of the persons are
in the Ch. of St. Paul's, Aug. 25, 1660 these ; viz. Mr. Richard Howlett to
(Wood, Ath. Ox. ii. 294).] the Rectory of Lachinden; Dr. Gaw-
{ [Sir Thomas Howe had been em- dine to the Rectory of R-erkinge (sic),
ployed successively as Ambassador to in Essex ; Mr. Christopher Newstead
the Porte, to Poland, Sweden, and to the Rectory of Stisted.
Denmark. He was now M.P. for the " The House, taking this petition
University of Oxford.— See his life in into consideration, ordered, That this
Biogr. Brit.] House doth approve of Dr. Gawdine
[" April 1, 1642. to be presented to the Rectory of Ber-
" The petition of the Archbishop of king, and that the Archbishop of
Canterbury was read, showing that Canterbury do present him accord-
there are some benefices now void, ingly ; and for the other two persons
which are in his bestowing, but in mentioned in the aforesaid petition,
obedience to their Lordships' order he this House will take a few days to
hath the names of such persons a.s he consider of it."]
OF AllCHBISHOP LAUD. 7
life and learning, and attend with it at the Parliament, to
make the best friends for himself. The business stuck still.
At last he met with the L. Kimboltori, who presently made
all weather fair for him ; and upon his Lp.'s motion to the
House, an order passed for Mr. Hewlett to have Lach- Apr. 13,
ingdon11. The motive this: Mr. Hewlett was Fellow of1(
(88) Sidney College in Cambridge, and tutor at that time to
two sons of the L. Mountague1, the L. Kimbolton' s uncle;
at which time also the L. Kimbolton himself was a student
in the same college, and knew the person and worth of
Mr. Howlett. This his Lp. honourably now remembered ;
else it might have gone hard with Mr. Hewlett's necessities.
So upon the order thus obtained, I collated Lachiiigdon
upon him.
After this the E. of Warwick went Lord Admiral to sea1,
by appointment of the Parliament; and forthwith I was
served with another order to give Stisted to Mr. Clark k. Apr. 20,
Hereupon I petitioned again, and set forth2 my relations and
engagements to Sir Tho. Howe ; and Dr. Gawden having told
me that the E. of Warwick had left that business for me in
trust with the L. Roberts1, 1 made bold to write to his lordship,
and entreat his lawful favour. The L. Roberts denied that any
such order or care of that business was left with him, nor
would he meddle in it ; but referred me to the L. Kimbolton,
who still followed the business close for Mr. Clark. By all
1 [' to sea,' interlined.] 2 [' and set forth ' in marg.]
h [" Upon reading of a petition of of Lachenden, with what convenient
the Archbishop of Canterbury, wherein speed he can."]
Mr. Kichard Howlett, Bachelor of Di- ' [Edward Montagu, created Baron
vinity, (having lost lately a good pre- Montagu of Boughton, June 29, 1621 ;
ferment in Ireland by the rebellion ancestor of the Dukes of Montagu and
there,) was nominated by his Grace to of the present Duke of Buccleuch.]
be preferred to the Rectory of Lachen- k [" Ordered, That Mr. John Clarke,
den, in the county of Essex, with the the now Curate of the Parish of Stisted,
approbation of this House, and also in the County of Essex, and the mi-
upon a certificate of the Lord Primate nister there being lately dead, is here
of Armagh, ' that the said Mr. How- by specially recommended to the Arch-
lett is a man esteemed of sound doc- bishop of Canterbury, to be a Minister
trine and uncorrupted life, and very and Parson of the aforesaid Church of
industrious in the ministry,' it is Stisted, being certified to be a man of
ordered, That this House doth approve good life and sound doctrine."]
of the said Mr. Richard Howlett, and J [John Robartes, second Baron
do recommend him to the said Arch- Robartes, created Vise. Boclmin and
bishop of Canterbury to be collated Earl of Radnor, July 23, 1679.]
and instituted to the aforesaid Rectory
8 HISTORY OF THE TROUBLES AND TRIAL
which it appeared to me, that the E. of Warwick had forgotten
his promise to me, to say no more l.
Soon after I received another order, to give Stisted to
Apr. 25, Mr. Clark. To this I answered again by petition, but with
Mali 3, like success : for another order came forth peremptorily to
1642°. command me to give Stisted to Mr. Clark. But it so fell
out, that this order was not brought to me till ten days after
the date ; I sent my counsel to attend the Lds. that I might
not fall into contempt. The business was not then called on,
1642 16' anc^ ky tne sixteenth of the same month, Stisted fell in lapse
to his Majesty ° : so I lost the giving of the benefice, and
somebody else their ends upon me.
1 [' to say no more.' inserted afterwards, partly on opposite page.]
111 [Lords' Journals, vol. v. p. 16 ] sented by the King to Stisted, June
" [Ibid. p. 38.] 20, 1642 (llymer, Foed. IX. iii. 104).]
0 [Christopher JSTewstead was pre-
OF ARCHBISHOP LAUD.
196 CAP. XVI.
ON May 1 5, Sunday, I made a shift, between my man and Mail i,
my staff, to go to church. There preached one Mr. Joslin a. 1(
His text, Judg. v. 23, " Curse ye Merosh," &c. To pass over
what was strangely evil throughout his sermon, his personal
abuse of me was so foul and so palpable, that women and
boys stood up in the church, to see how I could bear it : and
this was my first welcome into the church, after my long
lameness. But I humbly thank God for it, I bare his viru
lence patiently, and so it vanished : as did much other of like
nature, which I bare both before and after this. God forgive
them.
After this I had some quietness; most particulars lying
dead, out of several respects unknown to me. But all things
grew higher and higher between the King and the Parliament,
to the great damage and distraction of the kingdom. God
of his mercy send a speedy and a blessed issue, and preserve
his Majesty, the kingdom, and this poor Church from ruin:
but I much fear our sins are ripe for a very great, if not a
final judgment.
Friday, August the 19th, Captain Royden and his company, Aug. 19,
by order of Parliament, came about seven of the clock in the
evening to my house at Lambeth, to take away my arms.
They stayed there all night, and searched every room, and
where any key was not ready, brake open doors : and the
next morning they carried my arms away in carts to Guild-
Hall, London ; and I was sufficiently abused all the way by
the people, as my arms passed. They gave out in London,
there were arms for ten thousand men ; whereas there was
not enough for two hundred. And the arms I bought of my
predecessor's executors ; only some I was forced to mend, the
fashion of arms being changed. He left to defend that large
house, but six swords, six carabines, three halberds, and two
a Jocelin. [See Diary at this date.]
10
HISTORY OF THE TROUBLES AND TRIAL
Sept, 1
1042.
Septemb.
9, 1642.
Septemb.
10, 1642.
Octob. 15.
half pikes : though the order b formerly made by the Lords,
required necessary defence for the house should be left. But
it seems Captain Hoyden's order now given was stricter ; for
he was towards me and my house very civil in all things.
This day, Sept. 1, 1612, the Bps. were voted down in
the House of Commons0: and that night there was great
ringing and bonfires in the city ; which I conceive (89) was
cunningly ordered to be done by Alderman Pennington, the
new L. Mayor, chosen in the room of Sir Richard Gurney,
who was then in the Tower, and put out of his office by the
Parliament. And my mind gives me, that if bishops do go
down, the city will not have cause to joy in it.
About this time the cathedral church of Canterbury was
grossly profaned; yet far worse afterward.
All- Hallows, Bread-street, was now fallen void, and in my
gift ; and, September 9, there came an order from the House
of Peers for me to give it d : but having six months' respite by
law, I delayed it for that time, which created me much trouble
from the parishioners, who often solicited me 1.
About the tenth of this month, the bishops were voted 1 97
down in the Upper House c. So it seems I must live to see
my calling fall before me.
Upon Saturday, Octob. 15, it was resolved upon the ques
tion, That all rents and profits of all archbishops, bishops,
deans and chapters, and other delinquents, should be seques
tered for the use and service of the Commonwealth f: according
1 [' for me to ... me.' on opposite page.]
b P. 82 [of original MS. See vol. iii.
p. 456.]
c [It is thus entered in the Com
mons' Journals : —
" The declaration from the General
Assembly of Scotland was, according
to the order of this House, now again
read. And the House fell into the
debate thereof.
" Kesolved upon the question, lie-
mine, contract icente, That the govern
ment of the Church of England by
archbishops, bishops, their chancellors
and commissaries, deans, deans and
chapters, archdeacons, and other eccle
siastical officers, hath been found by
long experience to be a great impedi
ment to the perfect reformation and
growth of religion, and very prejudi
cial to the state and government of
this kingdom. And this House doth
resolve that the same shall be taken
away."]
d [" Ordered, That Mr. Seaman shall
be recommended to the Archbishop
of Cant, to be rector of the parish of
All-Hallows, Bread-street, in London,
in the place of Mr. Lauson, who is
lately dead."]
e [See the Answer to the Declaration
of the General Assembly of Scotland,
about Church Government, Lords'
Journals, vol. v. pp. 349, 350.]
f [See Lords' Journals, vol. v. p.
402.]
OF ARCHBISHOP LAUD. 11
to which ordinance, all the profits of my archbishopric were
taken away from me, and not one penny allowed me for
maintenance. Nay, whereas this order was not made till a
full fortnight after Michaelmas ; yet so hard a hand was
carried over me, as that my rents, due at Michaelmas, were
seized on to the use of the Parliament : by which means my
estate was as good as sequestered almost from our Lady-day
before ; more than two parts of three of the rents being
payable at Michaelmas s.
An order came from the House, October 24 h, that no Octob. 24.
prisoner should keep above two servants, nor speak with any
man, but in the presence and hearing of his warder. My
case for the former branch of this order, differed from all
other prisoners. For they lay in several warders' houses, in
which they might be fitted by the servants of the house for
ordering their diet ; but I was in a prison-lodging, void of all
comfort and company. And therefore upon Octob. 27, °ct°t>- 27.
(which was the very next day after the order was showed to
me,) I humbly besought the Lords for a cook and butler,
beside the two which were to attend me in my prison *,
by reason of my age and infirmities; which, though with
difficulty, yet I humbly thank their Lps. was granted me,
Octob. 28 k. Octob. 28.
On Wednesday, Nov. 2, I dreamed (that night) that l the Nov. 2.
Church was undone, and that I went to St. John's in Oxford,
where I found the roof off from some part of the college, and
the walls ready to fall down. God be merciful.
Upon Wednesday, Nov. 9, about five of the clock in the Noveml>.9.
morning, Captain Brown and his company entered my house
at Lambeth, to keep it for public service. Hereupon I peti
tioned the Lords the same day, for the safety of the library,
of my own study, and of such goods as were in my house :
all which was very honourably granted unto me by a full
order of the Lords that very day ; with a strict charge, that
they which were there employed in the public service, should
1 [' night) that ' interlined.]
* It was so then, though now other- ' f. person
wise. k [There is no notice of this in
h [See Lords' Journals, vol. v. p. Lords' Journals.]
420.]
12
HISTORY 0¥ THE TROUBLES AND TRIAL
Nov. 16.
Nov. 22.
Novenib.
24.
Deccmb.
1642.
take special care that all the forenamed things should be
preserved in safety.
Either this day, or the day before, Mr. Holland and Mr.
Ashurst, two of the House of Commons, came, accompanied
with some musketeers, and entered my house, and searched
for money, and took away seventy and eight pound from my
receiver, Mr. Walter Dobson, and said it was for the mainte
nance of the King's children1. God of his mercy look favour
ably upon the King, and bless his children from needing any
such poor maintenance.
November 16, Wednesday, an order forbidding the pri
soners' men to speak one with another, but in the presence
of the warder, and to bar them the liberty of the Tower : only
this order was so far enlarged, Novemb. 22, that any of
them might go out of the Tower to buy provision or other
necessaries.
On the 24th of this month, the soldiers at Lambeth-House 198
brake open the chapel doors, and offered violence to the
organ ; but before much hurt was done, the captain heard of
it, and stayed them.
Upon the death of Sir Charles Caesar ra, the Mastership of
the Faculties fell into my gift ; but I could not dispose of it,
by reason of (90) the order of Parliament, of Octob. 23, 16411,
but with their approbation. Therefore I petitioned the Lords
that I might give it to Dr. Ayletn or Dr. Heath0, both
then attendants in that honourable House; well knowing
it would be in vain to name any other : and the Lords
1 ['of . .. 1641' interlined.]
1 [The orders of the House of Com
mons on this subject ran thus : —
" Nov. 8, 1642.
"Mr. Ashurst, Mr. Holland, are
appointed to go to Lambeth House,
and to take some of the Trained Bauds
with them ; and to seize the rents that
are now paying in to his receiver, and
other officers, and to search the house
for arms, and to search the steward's
and receiver's books, to see what mo
nies have been received of the Mi
chaelmas rents."
" Nov. 9, 1642. Ordered, That Mr.
Dobson, the Bishop of Canterbury's
receiver, do pay unto Mr. Holland the
monies already received by him, or to
be received, of the said Bishop's rents
and revenues ; and that the said mo
nies shall be employed for the use of
the King's two youngest children's
household. And that Mr. Holland be
accountable for the said monies, in
such manner as the House shall di
rect."]
m [The youngest son of Sir Julius
Csesar. (Wood, F. 0. i. 348.)]
n [Rob. Aylet, M.A. of Cambridge,
incorporated at Oxford, July 12, 1608,
afterwards D.C.L. (Wood,F.O. i.328.)]
0 [See vol. iii. p. 248.]
OF ARCHBISHOP LAUD. 13
sent me an order to give it to Dr. Aylet P ; and I did it 1 Decemb. 8.
accordingly.
The vicarage of Horsham in Sussex was in my gift, and fell Decemb.
void. At the entreaty of Sir John Conniers, then Lieutenant 19t
of the Tower, I petitioned the House that I might give it to
Mr. Conniers, the lecturer at 2 Bow. But before my petition
came to be delivered, the House had made an order against
him, upon complaint from Horsham of his disordered lifeq;
so busy were that party of men 3 to complain of all men, who
were not theirs in faction ; and such ready admittance had
both they and their complaints in both Houses. For my
part, the man was a stranger to me, and inquiring after him
(as well as a poor prisoner could), I heard no ill of him for his
life. Nevertheless, hearing how the Lords were possessed
against him, I forbare the sending of that petition, and sent
another for my own chaplain, Mr. William Brackstone. But
he was refused1'; yet no exception taken against him, for life
or learning ; nor indeed could any be s.
Upon the 23d of the same month 4, Dr. Layton came with Decemb.
no
1 ['and I did it' originally written ' which I did '] 2 [' at' orig. < of]
3 ['so ... men' originally written 'as they were so busy.']
4 [A word here erased; it seems to be 'Thursday.']
P [" Dec. 8, 1642. Archbishop of Cant., who is a disserv-
" The petition of the Archbishop of ing man, and unfit for that place;
Cant, was read showing, ' That whereas Hereupon it is ordered, That the
Sir Charles Csesar, Master of the Rolls, Archbishop of Cant, shall have notice
and Master of the Faculties, is dead, that this House doth not approve of
and by that means renders the office the said Coniers to be presented to
of the Faculties void, which is in his the said parish."]
Lordship's gift; and whereas by an r ["Dec. 26, 1642. Upon reading
order of this House, dated 23d of Oc- of a petition of the Archbishop of
tober, 164 l,he is required not to bestow Cant, showing, ' That whereas, by an
any office or dignity without first order of this House, dated October 27,
acquainting their Lordships with it, 1641, he is required to give no bene-
for your Lordships' approbation of the fice or dignity without first acquaint-
person : ing this House, for their Lordships'
" ' He humbly names Dr. Heath and approbation of the person, and whereas
Dr. Aylett, men able and honest, and the vicarage of Horsham, in Sussex,
such as have given long attendance is in his patronage and now void, his
upon this House, and if their Lord- Grace names to the said vicarage Mr.
ships approve either of them, he shall Win. Blackston (sic), CJerk, and his
give the office accordingly.' chaplain in house at the time of the
" Ordered, That this House approves breaking up thereof, and hopes he will
of Dr. Aylett, and recommends him to deserve their Lordships' approbation : '
the Archbishop of Cant, to be Judge " Ordered, That this House will
of the Faculties."] consider further of this person now
i [" Upon petition of the inhabit- nominated."]
tants of the borough and parish of s [For the persons mentioned in
Horsham, in the county of Sussex, this paragraph, see notes on Diary at
showing that one Mr. Coniers hath the above date.]
been presented to that parish by the
14 HISTORY OF THE TROUBLES AND TRIAL
a warrant from the honourable House of Commons, for the
keys of my house at Lambeth to be delivered to him, that
prisoners might be brought thither*. I referred myself to
God, that nothing might trouble me : but then I saw it
evident, that all that could, should be done to break my
patience. Had it not been so, somebody else might have
been sent to Lambeth, and not Layton, who had been cen
sured in the Star-Chamber to lose his ears, for a base and a
most virulent libel against bishops and the Church-govern
ment established by law : in which book of his [were many
things !] which in some times might have cost him dearer.
The same day it was ordered by the honourable House of
Commons, that Mr. Glyn, Mr. Whitlock, Mr. Hill, or any
two of them, should take care for the securing of the public
library belonging to the See of Canterbury, the books, writ
ings, evidences, and goods in Lambeth-House, and to take the
keys into their custody u : and a reference to the Committee,
to prepare an ordinance for the regulating of Lambeth-House
for a prison, in the manner as Winchester- House is regulated x.
Jan. 5. And upon Janua. 5, a final order from both Houses came for
the settling of Lambeth prison: in which order it was in
cluded, that all my wood and coal then in the house should
remain there for the use of the soldiers. And when motion
was made, that I might have some to the Tower for my own
necessary use, it would not be hearkened to. There was then
in the house above two hundred pounds worth of wood and
coal which was mine.
Janua. 6. The next day I received a letter from the E. of Manchester, 199
1 [These words were inserted by II. Wharton to complete the sense. Arch
bishop Bancroft proposed to read, ' which book of his in some times/ or, ' in
which book were many bold passages, which,' &c.]
* [It had been ordered by the House the keys of the libraries and other
of Commons, Dec. 19, 1642, " That the rooms, where the books, writings, evi-
prisoners committed to Crosby House dences, and other goods are, into their
and Gresham College shall be removed custody : and it is referred to the Corn-
to Lambeth-House, there to be kept mittee that is appointed to consider
in safe custody, and that Dr. Laiton of fit places for prisons to prepare an
shall be keeper of that place."] ordinance for the regulating of Lam-
u ["Ordered, That Mr. Glyn, Mr. beth-House, in* like manner as Win-
Whitlock, and Mr. Hill do take care chester-House is regulated."]
for the securing of the public library * [It was voted by the House, Nov.
belonging to the See of Canterbury, ll,1642,thatWinchester-Houseshould
the books, writings, evidences, and be made a prison ; and the House of
goods in Lambeth-House, and to take Lords agreed to that vote, Nov. 14.]
OF ARCHBISHOP LAUD. 15
commanding me, in the name of the House, to give All-
Hallows, Bread-street, to Mr. Seaman y. This I was no way
moved at ; because I had before expressed myself to my L.
of Northumberland, that I would give this benefice, out of
my respects to his Lp., to Mr. Seaman his chaplain. Yet I
cannot but observe, that though this was made known to the
E. of Manchester, yet he would not forbear his letter, that
the benefice might be given by order, and not seem to come
from any courtesy of mine to that honourable person.
T [See vol. iii. p. 248.]
16 HISTORY OF THE TROUBLES AND TRIAL
CAP. XVII. 200
Januar.26. ON Thursday, Janua. 26, the Bill passed in the Lords'
House for abolishing of Episcopacy a. God be merciful to
this sinking Church.
Feb., 3, jjy this time the rectory of Chartham in Kent was fallen
void, by the death of the Dean of Canterbury b, and in my gift.
It was a very good benefice, and I saw it would create me
much trouble in the collating of it. The first onset upon me
for it was by Dr. Heath; and it was to give it to Mr. Edward
Corbet of Mcrton College, of which house Dr. Heath had
formerly been. Very earnest he was with me, and told me
the L. General c was earnest for him, and that it would be
carried from me, if I did it not willingly ; which I were better
do l. My answer was, I could not help that : but Mr. Corbet
Feb. 14. had many ways disserved me in Oxford, and that certainly
I would never give it him. So we parted : and though I
could not be jealous of Dr. Heath, yet neither could I take 2
it well. And on Tuesday, Feb. 14, I received a letter from
his Majesty, bearing date January 17, (91) in which letters
the King commands me to give Chartham to one Mr. Red-
dinge, a man of good note in the Church ; or if I were other
wise commanded by Parliament not to give, then to lapse it
to him, that he might give it. I returned a present answer
by word of mouth, and by the same messenger, that I would
either give, or lapse the benefice, as his Majesty's gracious
letters required of me 3 d.
I was now in a fine case between the King and the Parlia
ment : one I was sure to offend. Yet these letters of the
King's came happily in one respect : for that very afternoon,
'if I did ... better do.' on opposite page.]
' yet . . . take ' originally written ' yet 1 could not take ']
* I returned ... of me.' inserted afterwards, part on opposite page.]
• [See Lords' Journals, vol. v. p. d [See the King's letter, vol. iii.
572.] p. 249 ; on which, and the previous
b [Isaac Bargrave.] page, will be found other notes illus-
c [Rob. Devereux, third Earl of trative of this passage.]
Essex.]
OF ARCHBISHOP LAUD. 17
the E. of Warwick came to me to the Tower, and after a few
fair words bestowed on me, drew out an order of Parliament,
to give Chartham to one Mr. Culmer e, who his Lp. said was
a very worthy man ; and perhaps I might have believed his
Lp., had I not known the contrary : but I well knew him to
be ignorant, and with his ignorance, one of the most daring
schismatics in all that country. This order of Parliament
bare date Feb. 4f, but was not showed me till then. My
answer to my Lord was, that I had received a letter from his
Majesty, which required me to give that benefice to another
man, or else lapse it to him ; and therefore humbly desired
his Lordship to do me good offices in the honourable House,
considering in what difficulties I was, and how many great
livings I had given by orders of Parliament, and none at the
King's command till now. So we parted.
After this, Mr. Culmer came to me about the benefice, and
protested his conformity to the Church. I think the man
forgot that I knew both him and his ways. I told him I had
given my Lord of Warwick my answer. But Mr. Culmer
rested not so : but got a servant of mine down the stairs to
him, and there was very earnest with him to know, whether
201 it were not possible to work me to give him Chartharn.
And then out of the abundance of his honesty and worthiness,
offered my servant a hundred and fifty pound to procure him
the benefice : and added, that he should have no cause to
distrust him, for he should have the money presently paid
him. This is as worthy a piece of simony as need to be : and
but that the E. of Warwick is a man of honour, and unfit to
stoop to such base courses, it is enough to make a man think
Mr. Culmer would have been very thankful to his Lp. for so
much pains, as to come to the Tower and solicit for him.
The Earl of Warwick, at his next opportunity in the House,
told the Lords, that whereas they had made an order, that
e [Richard Culmer had been ejected formed, ' That the benefice of Chart-
from Croodneston in Kent, for not ham, near Canterbury, is now actually
reading the Book of Sports, which void, being in the gift of the Arch-
made him a bitter enemy to Laud. bishop of Cant.,' it is ordered, That Mr.
He was thrust into the living of Min- Richard Culmer, a painful minister,
ster, on the ejection of Meric Casau- who was deprived of his living for not
bon. He is notorious for having grossly reading the Book for Sabbath Sports,
profaned Canterbury Cathedral. See shall be recommended to the Arch-
more in Wood, F. 0. i. 447 ] bishop of Canterbury to be minister
' [" Feb. 4, 1G42. of Chartham aforesaid."]
" The House being this day in-
LAUD. — VOL. iv. c
18 HISTORY OF THE TROUBLES AND TRIAL
the Archbishop of Canterbury should give Chartham to Mr.
Culmer, a very worthy preacher ] ; he had been with me
himself about it, and that I had pretended letters from the
King, and refused to obey their order. This was like to have
stirred great heat against me, but that a lord stood up and
doubted of the order: putting them in mind, that the Ld.
General was engaged for this benefice for Mr. Corbet, and
had left the care of it upon himself and some other lords in
his absence. Hereupon there was inquiry made, when, and
how, that order passed2 for Culmer, and it was found to be
slipped out at a very empty house. So the E. of Warwick
excused the matter, that he knew not of the 3 Ld. General's
purpose ; and so the business slept, and never awaked more
for Culmer.
The Lord Brook was now in action. A bitter enemy he
was to the Church, and her government by bishops. On
Mar. 2, March 2, he was going to give onset upon the Close of the
cathedral at Lichfield : and as he was taking view of the
place, from a window in a house opposite to the Close, and
his beaver up, so that a musket at such a distance could have
done him but little harm ; yet was he shot in the left eye,
and killed dead in the place without speaking one words.
Whence I shall observe three things : — First, that this great
and known enemy to cathedral churches died thus fearfully
in the assault of a cathedral. A fearful manner of death in
such a quarrel ! Secondly, that this happened upon Saint
Chad's 4 day, of which saint that cathedral bears the name.
Thirdly, that this lord coming from dinner about two years
since 5, from the Lord Herbert's house in Lambeth, upon
some discourse of St. Paul's Church, then in their eye upon
the water, said to some young lords that were with him, ( that
he hoped to live to see that one stone of that building should
not be left upon another.' But that church stands yet, and
that eye is put out that hoped to see the ruins of it. Many
heavy accidents have already fallen out in these unnatural
'preacher;' originally written * divine ;'] 2 ['passed' interlined.]
' the ' orig. ' my '] 4 [' Chad's' originally written ' Cedd's ']
' about . . . since,' in margin.]
[See notes on corresponding passage in Diary.]
OF ARCHBISHOP LA CD. 19
wars ; and God alone knows, how many more shall, before
they ' end : but I intend no history but of my own sad mis
fortunes ; nor would I have mentioned this, but that it relates
to the Church, which, for my calling's sake, I take as a part,
and a near one, of myself.
(92) On Friday, Mar. 24, one Mr. Ford came to me to the Mar. 24,
1 f\A ^
Tower, and told me, there was a plot to send me, and my
L. of Ely, Bishop Wren, as delinquents, to New England,
within fourteen days : and that Mr. Wells, a minister that
202 came thence, offered wagers of it. The meeting where he
heard this, was (he said) at Mr. Bankes', a mercer's house in
Friday-street, a son-in-law of Mr. Foord's. This gentleman
told me he was a Suffolk man ; but I never saw him before,
and was doubtful of the truth of his relation : partly, because
I knew no motive he had to take such care of me, being a
stranger to him ; and partly, because it could not sink into
me, that the honourable Houses, after so long imprisonment,
would send me into such a banishment, without hearing me
or my cause. Yet he protested the truth of it very deeply,
and wished me to endeavour to prevent it. That I knew not
how to do ; for 2 to petition against it upon such a private
information, might rather call it on, than keep it off, seeing
what an edge there was against me. Therefore I referred
myself to God, my constant anchor, and so rested my
thoughts as well as I could.
It was now known in the House to the 3 Ld. General's
friends, that I had a resolution not to give Chartham to
Mr. Corbet : and it may be it was thought also, that I did
but pretend the King's letters about it ; and that if some
other man were named, against whom I had no exception, it
might4 be that I would give it: and if I did give it, then
they should discover, that either I had 110 letters from the
King ; or that I could make bold to dispense with them, so
Mr. Corbet were not the man. And if they could have
gained this upon me, that notwithstanding his Majesty's
letters, I would have given that benefice to another man, they
would then have recalled their order h from him, and com-
1 ['they' orig. 'it'] 2 ['for' orig. 'and']
3 [' the ' orig. ' my'] 4 [' might ' orig. ' may ' J
b For Culmer.
c 2
20 HISTORY OF THE TROUBLES AND TRIAL
manflcd me for Mr. Corbet. That this my conjecture hath
truth in it, seems evident to me by all the future carnage of
this business.
For one Mr. Hudson came and preached at the Tower, and
Mar. 28, gave &U men very good content : and on Tuesday, Mar. 28,
he brought me an order from the Lords, requiring me to give
Chartham to him. And this order was known in the Tower ;
for some prisoners of note said, I might do well to give it
. him, being so good a preacher. My answer to him was fair ;
yet I told him truly, that the King had written to me for
another : that I had promised to give it, or lapse it, as his
Majesty required me : that the King never asked any of
me till now : that I hoped the Parliament would not take it
ill, that I gave this one at the King's requisition, since I had
already given as many benefices upon their orders as came
to above eight hundred pounds a year, passing by my own
friends and chaplains, honest and able men : and for his
particular, I might live to pleasure him with another, so I
were not over-pressed concerning this.
Hudson either mistook my1 answer, or wilfully misreported
it and me to the House ; and thereupon came another order
Apri. 11. to me of April 11, to give him Chartham. I was not willing
to be mistaken again, and therefore desired Mr. Lieutenant
Apri. 13. to deliver me a petition to the House on Thursday, Apri. 13,
in which I set forth my true answer, as is above expressed,
and in all humility desired their favour. That very day
another quick order was made for Hudson, and brought to
Apri. 14. me the next day, April 14. I petitioned the House again,
the same day, with all submission ; yet professed, that I could
not disobey the King in so fair a command. 203
When all this would not serve, the mask was pulled off,
Apri. 21. and a peremptory order2, bearing date April 21, was brought
to me on Saturday, Apri. 22, to collate Chartham upon Mr.
Apri. 24. Ed. Corbet1. And upon Monday, April 24, I humbly gave
my answer, as before; but in the softest terms I could express
it, and in a petition J.
1 ['my' orig. 'the'] 2 ['order,' orig. 'order was brought to me,']
[Not in Lords' Journals.] Archbishop of Cant. ' desiring, he being
[" Monday. April 24. engaged both in duty and promise to
" Upon reading the petition of the his Majesty, for the presenting a minis-
OP ARCHBISHOP LAUD. 21
Monday, Mali 1, the windows of my chapel at Lambeth Mail i.
were defaced, and the steps to the communion-table torn up.
And on Tuesday, Maii 2, the cross in Cheapside was taken Mail 2.
down, to cleanse that great street of superstition. The same
day, in prosecution of the former plot, March 24, it was
moved in the House of Commons to send me to New England •
but it was rejected. The plot (93) was laid by Peters, Wells,
and others of that crew, that so they might insult over me.
Then followed an exemplary piece of justice, and another Mail 9
of mercy. Of justice : for my goods in Lambeth-House, and
my books, were seized upon, and my goods set to sale by
Captain Guest, Dickins, and Layton. And my goods1 were
sold, and scarce at a third part of their worth, all save what
Layton took to himself, who usually said all was his, house,
land, goods, and all. This was on Tuesday, Maii 9. And
all this before any proceedings had against me2. And of
mercy : for the same day there came out an order for my
further restraint, that I might not go out of my lodging
without my keeper, so much as to take air.
Much about this time I received another letter from his
Majesty, in which he requires me (as he had formerly done,
for Chartham in particular), that as oft as any benefice or
other spiritual promotion whatever should fall void in my
gift, I should dispose it only to such as his Majesty should
name unto me ; or if any command lay otherwise upon me
from either or both Houses of Parliament, I should then let
them fall into lapse, that he might dispose of them to men
of worth 3.
Upon Tuesday, Maii 16, there came out an ordinance of Mali 16. )
both Houses4, (for now the order was grown up into an Mau 17< '
ordinance,) requiring me to give no benefice, or spiritual
1 ['my goods' in marg. ; orig. ' they ']
2 [' And all ... against me.' in marg.]
3 ['Much about . . . worth.' This paragraph is in the orig. MS. inserted in
the blank page opposite to p. 91.]
4 [' requiring ine' orig. written here.]
ter to the rectory of Chartham in the with the House of Commons to-mor-
county of Kent, that his duty to his row about expediting the trial of the
Majesty may be an acceptable answer said Archbishop of Cant., and to con-
to their Lordships, and that he may sider how the jurisdiction and dispos-
be no more pressed in this particular.' ing of livings may be sequestered out
" Ordered, To have a conference of his power and disposing."]
HISTORY Of THE TROUBLES AND TRIAL
Mali 20.
Mail 26.
Mail 23.
promotion now void, or to be void at any time before my
trial, ' but with leave and order of both Houses of Parlia
ment V This ordinance was delivered unto me the next day ;
and upon the reading of it I foresaw a cloud rising over me
about this business of Chartham, for which I did assure
myself the ordinance was made; and soon1 after came
another ordinance 2 1, requiring me by virtue of the said
ordinance to give Chartham to Mr. Corbet. This order was
not brought to me till Friday, May 26. Then it was brought
unto me by Mr. Corbet himself, and Sir John Corbet, a
Parliament man, came with him. Now upon the Tuesday
before I had sent an humble petition"1 to the Lords for main-
[' soon ' orig. ' presently ']
2 [' ordinance/ orig. ' order/]
k The ordinance may be found at
large in Rush w. par. iii. vol. ii. p. 320.
[" Whereas William Laud,Archbishop
of Canterbury, standeth impeached in
this present Parliament for high trea
son, and for divers other great offences
and misdemeanours ; and by reason
of many great and weighty businesses
he cannot yet be brought to trial for
the said offences and misdemeanours ;
and he, in respect of his said Arch
bishopric of Canterbury, hath power
to give and collate fit Clerks to divers
Parsonages, Vicarages, Prebends, and
other ecclesiastical promotions and
preferments : and if any of them should
become void, and he left to prefer
whom he please to the same, the same
may prove very inconvenient, he be
stowing them upon unfit and unworthy
persons ; Be it therefore ordered and or
dained by the Lords and Commons in
this present Parliament, That in case
any of the aforesaid Parsonages, Vicar
ages, Prebends, or other ecclesiastical
promotions or preferments, now be, or
shall hereafter, and before the trial of
the said Lord Archbishop, become void,
that the said Lord Archbishop of Can
terbury shall forbear to present or col
late any person or persons thereunto
without the leave and order of both
Houses of Parliament. And it is
further ordered and ordained, That the
said Lord Archbishop shall from time
to time, until his said trial, present
and collate such fit person or persons
to every such Parsonage, Vicarage,
Prebend, and other ecclesiastical pre
ferment, as aforesaid, which now are,
or hereafter before his said trial shall
become void, as by both Houses of
Parliament shall be nominated and
appointed. And it is further ordered
by the said Lords and Commons in
Parliament, That all Archdeacons,
Kegisters, and other officers, ministers,
and persons whatsoever, shall forbear
to give or make any admission, insti
tution, collation, or induction of any
person or persons whatsoever, which
by the said Archbishop shall be pre
sented in or to any such Parsonage,
Vicarage, Prebend, or other ecclesias
tical preferment, other than such per
sons as shall be nominated and ap
pointed by both Houses of Parliament,
as aforesaid. And it is lastly ordered,
That the Lord Archbishop, and the
Churchwardens of every parish, and
other officers of the Church, where any
Parsonage, Vicarage, Prebend, or other
ecclesiastical promotions or prefer
ments, in the donation or gift of the
said Archbishop, are, shall within two
months after the respective avoidance
thereof, give notice of such avoidance
to the Lord Speaker of the House of
Peers for the time being."]
1 [This order of May 20 was passed
on Corbet's petition. See Lords'
Journals, vol. vi. p. 54.]
m ["May 23, 1643.
" The humble petition of Wm. Arch
bishop of Cant, was read,
" ' Shewing,
"'That he hath neither land, lease,
nor money; that the small store of
plate which he had is long since
melted down for his necessary support
and expenses, caused by his present
troubles ; that his rents and profits
OF ARCHBISHOP LAUD. 23
tenance ; the prayer of which petition was as follows : —
' Humbly prayeth that your Lps. will take his sad condition
into your honourable l consideration, that somewhat may be
allowed him out of his estate to supply the necessities of life ;
assuring himself that in honour and justice you will not suffer
him either to beg or starve. And your petitioner shall 2 ever
204 pray, &c.' The answer which this petition had in the Lords'
House was, ' Let him give Chartham as is ordered, and then
we will consider of maintenance11/ So my petition was sent
down to the House of Commons3. To the last forenamed
order, I gave my former answer, and humbly petitioned the
Lords accordingly, Maii 27 following 4 °. So they departed,
and as they went down the hill together, Sir John was over
heard to say to Mr. Corbet thus : ' The Archbishop hath
petitioned the Lords for maintenance, and they have sent his
petition to the Commons ; and since he will not give you the
benefice, Fll warrant you he shall have no maintenance.'
And so accordingly my petition was rejected in the House
of Commons.
1 [' honourable ' in Lords' Journals ' lordships ']
2 [' shall ' omitted in Lords' Journals.]
3 [After ' Commons.' orig. written, ' To the forenamed petition of Mr.' and
erased.] 4 ['and humbly . . . following.' in marg.]
are sequestered, and now all his goods petition, thought fit that he should
taken from him, and no maintenance have some maintenance, and referred
at all allowed him : insomuch that, if the petition, and order for nominating
some friends of his had not, in com- Corbet, to the House of Commons. See
passion of his wants, sent him some Lords' Journals, vol. vi. p. 58.J
little supply, he had not been able to ° [The Archbishop's petition of May
subsist to this present ; and now that 27 was read in the House of Lords
this supply is at the last, he humbly May 30, and an ordinance made to
prayeth, &c. (as in text.) W. Cant.' "] command Sir Nath. Brent to give
n [The House, on the Archbishop's Corbet institution to Chartham.]
24 HISTORY OF TJIE TROUBLES AND TRIAL
CAP. XVIII.
Mail 31. THIS was Wednesday, the last of May : it was the Fast-
day. A search came betimes in the morning into the Tower
upon all the prisoners, for letters and other papers. But
I have some reasons to think the search had a special aim
at me. First, because following me thus close about Char-
tham as they did, I conceive they were desirous to see
whether I had any such letter from the King as I pre
tended : if I had not, they had advantage against me for my
falsehood ; if I had, they meant to see what secret passed
from his Majesty to me. Secondly, because I had lately
petitioned for maintenance, and by this search they might
see what I had by me. And he that searched my chamber,
told me, upon occasion, that he was to take all papers which
might discover delinquents' estates. Thirdly, because all
other prisoners had their papers re-delivered them before the
searchers went from the Tower, except some few verses of
Sir Ed. Hern's; but mine were carried to the Committee,
yet with promise, that I should have them again within two
or three days. Fourthly, because as Layton was put into
Lambeth- House, so my implacable enemy, Mr. Pryn, was
picked out (as a man whose malice might be trusted) to
make the search upon me. And he did it exactly.
The manner of the search upon me was thus: — Mr. Pryn
came into the Tower, with other searchers, so soon as the
gates were open. Other men went to other prisoners. He
made haste to my lodging, commanded the warder to open
my doors, left two musketeers sentinels 1 below, that no man
might go in or out, and one at the stair -head ,» with three
other, which had their muskets ready cocked, he came into
my chamber, and found me in bed (as were also my servants
in theirs). I presently thought upon my blessed Saviour,
when Judas led in the swords and staves about Him. Mr.
Pryn, seeing me safe in bed, falls first to my pockets to rifle
them ; and by that time my two servants came running in,
1 ['sentinels' in inarg.]
OF ARCHBISHOP LAUD.
25
half ready. I demanded the sight of his warrant ; he showed
it me, and therein was expressed, that he should search my
pockets. The warrant il came from the Close Committee, and
the hands that were to it were these : — E. Manchester^
W. Saye and Scale c, Wharton d, H. Vane e, Gilbert Gerard f,
and John Pirn e.
Did they remember when they gave this warrant, how
odious it was to Parliaments, and some of themselves, to have
the pockets of men searched ?
(94) When my pockets had been sufficiently ransacked,
I rose and x got my clothes about me, and so half ready, with
my gowii upon my shoulders, he held me in the search till
past nine of the clock in the morning. He took from me
twenty and one bundles of papers, which I had prepared for
my defence; the two letters before named, which came to
me from his gracious Majesty about Chartham and my other
benefices 2 ; the Scottish Service-book, with such directions
1 [' rose and ' interlined.]
2 ['the two . . . benefices;' on opposite page.]
a The warrant may be found in
Fryn's Breviate of the Life of the
Archbishop, p. 28.
[" By virtue of an order of both
Houses of Parliament, these are to
authorize and require you to repair
unto Colonel JV1 an waring at the
Guild-Hall to-morrow morning, about
4 of the clock, and to receive from
him ten foot soldiers, appointed to
attend and assist you in the service
hereafter mentioned. And you are
further required and authorized, with
the soldiers before mentioned, to re
pair unto the Tower of London, and
there to search all the prisoners re
maining under restraint, by order of
either of the Houses of Parliament, or
of this Committee, and to seize upon
all letters and papers, and to see them
put into some safe place, to be perused
by such as shall be thereunto autho-
rixed. And you are forthwith to cer
tify us, what you shall have done in
execution hereof; and in the mean
time so to sever and restrain their per
sons, that they speak not one with
another, nor with any other ; that
thereupon some further order and
direction may be given. And the
said Colonel Manwaring', as also the
Lieutenant of the Tower, and all
other his Majesty's officers and loving
subjects, are hereby required to be
aiding and assisting unto you in
execution of the premises. And for
your and their so doing, this shall be
your warrant." (Signed as in the
text.) " To William Prinne, of Lin
coln's Inn, Esq. ; William Ball, Esq. ;
Ralph Farmer, Gent. ; William Bendy,
Gent. ; Henry Blake, Gentleman."]
6 [Edw. Montagu, mentioned pre
viously in this history as Lord Kim-
bolton. He became Earl of Man
chester, Nov. 7, 1642.]
c [William Fiennes, first Viscount
Say and Scale. Laud's inveterate op
ponent .]
d [Philip Wharton, third Baron
Wharton. He was at the battle of
Edge Hill, and took an active part in
the rebellion. He lived till 1696;
and became Privy Counsellor to Wil
liam III.]
e [Henry Vane the younger.]
f "[Sir Gilbert Gerrard, M.P. for
Middlesex.]
e [M.P. for Tavistock. The active
opponent of Straftbrd and Laud. See
his character in Clarendon, Hist, of
Rebellion, vol. iv. p. 437.]
26 HISTORY OF THE TROUBLES AND TRIAL
as accompanied it; a little book, or diary, containing all
the occurrences of my life ; and my Book of Private Devo- 206
tions ; both these last written through with my own hand.
Nor could I get him to leave this last ; but he must needs
see what passed between God and me: a thing, I think,
scarce ever offered to any Christian. The last place which
he rifled, was a trunk which stood by my bed-side. In that
he found nothing, but about forty pound in money for my
necessary expenses (which he meddled not with), and a
bundle of some gloves. This bundle he was so careful to
open, as that he caused each glove to be looked into ; upon
this I tendered him one pair of the gloves, which he refusing,
I told him he might take them and fear no bribe, for he had
already done me all the mischief he could, and I asked no
favour of him, So he thanked me, took the gloves, bound
up my papers, left two sentinels at my door, which were not
dismissed till the next day noon, and went his way.
I was somewhat troubled to see myself used in this man
ner ; but knew no help but in God, and the patience which
He had given me. And how His gracious providence over
me, and His goodness to me, wrought upon all this, I shall
in the end discover, and will magnify, however it succeed
with me.
OF AHCHBlSllOP LAUD. 27
207 CAP. XIX.
UPON my last l answer to the House concerning Chartham,
there came out an ordinance against me, to take all my tem
poralities into the Parliament's hands; that so they might
give not only Chartham, but all things else which fell into
my gift : and because it is an ordinance of a great power
and extent, I shall set it down, as it was printed and pub
lished, Junii 10, being Saturday a.
" Whereas, by an ordinance of the Lords and Commons, Junii 10,
in this present Parliament, of the 17th of May, 1643, the1643'
Archbishop of Canterbury is required, from time to time
until his trial, to collate such fit persons unto any ecclesias
tical preferment in his patronage, as shall by both Houses
be nominated unto him ; and in pursuance of the said ordi
nance, another ordinance of the Lords and Commons, passed
the 20th of the same month, requiring the said Archbishop
to collate upon Ed. Corbet, Fellow of Merton College in the
University of Oxford, the Rectory of Chartham in the county
of Kent, void by the death of Dr. Bargrave, the last incum
bent ; and whereas the said Archbishop b refuseth obedience
to the said ordinance : It is therefore ordered, and be it so
ordained by the Lords and Commons in Parliament, that all
the temporalities of the Archbishop of Canterbury be hereby
sequestered, by, and unto the Parliament ; and William L.
Archbishop of Canterbury suspended c ab officio et beneficio,
et omni et omnimoda jurisdictione archiepiscopali, until he be
either convicted or acquitted of high treason, for which he
stands now accused ; and whatsoever livings, dignities, or
ecclesiastical promotions, in the said Archbishop's gift or
collation, are, or hereafter shall be void, shall henceforth be
instituted and inducted unto by the Archbishop's Vicar-
1 [' last' interlined.]
a It maybe found also in Rushw. b ' of Canterbury' Rush*,
par. iii. vol. ii. p. 330. e ' be susp.' Rushw.
28 HISTORY OF THE TROUBLES AND TRIAL
General, or any other having authority in this d behalf/upon
the nomination and recommendation of both Houses of Par
liament, during the time of the suspension and sequestration
aforesaid. And upon this ordinance it is ordered, and be it
so ordained by the Lords and Commons in Parliament, That
the said Ed. Corbet be, and is hereby nominated and recom
mended, forthwith upon sight hereof, to be admitted, insti
tuted, and inducted by the Vicar- General aforesaid, or any
other having authority in this e behalf, into the said Rectory
of Chartham, ratione suspensions Domini Gulielmi Archie-
piscopi Cantuariensis f temporalium archiepiscopatus, in mani-
bus supremcB curia Parliament}, jam existentium, the same
belonging unto their gift. And it is hereby further ordained,
by the Lords and Commons in Parliament, That during the
suspension and sequestration aforesaid, the jurisdiction of
the said Archbishop shall be executed and exercised by his
Vicar- General, and other his inferior judges and officers, as
formerly the same hath been."
This ordinance was laid as a great punishment upon me :
but I humbly thank both Houses for it, as for the greatest
benefit they have bestowed on me since my troubles; espe
cially since the sequestration of my jurisdiction, Novemb. 2, 208
16-41 s. For it appears before in this history1, how ever since
that time I have been troubled for every (95) benefice which
hath fallen in my gift ; disenabled to prefer any friend or
chaplain of my own, were he never so worthy : and (which
is worse by much) forced to admit such men, how unworthy
soever, as were by them 2 nominated to me, or else fall under
a contempt of their ordinances, and such arbitrary punish
ment as they shall thereupon load me : whereas now, I am
freed both from the trouble and the sin of admitting un
worthy persons into the Church service, and leave them to
the business, and the account for it.
Junii n, On Sunday, Junii 11, one came and preached at the
Tower (his name I could not learn). In his sermon, after he
1 ['in tins history,' on opposite page.]
2 [' by thtm ' in nsar^.]
d 'his' Rushw. f 'ctaefrucslrationi*' Rush*,
'his' Rushvr. s [See vol. iii. p 450.]
OF AUCHBTSIIOP LAUD. 29
had liberally railed on me, he told the auditory, that Mr. Pryn
had found a book in ray pocket, which would discover great
things : this to inflame the people against me ; et si non
satis insanircnt sua sponte, instiyare h. This is zealous preach
ing ! God forgive their malice.
An ordinance passed on Monday, Junii 12, that the Synod Junii 12.
of Divines, formerly named by both Houses, (not chosen by
the Clergy,) should begin to sit on the first of July following : Julii 1.
and they did begin to sit that day; Dr. Twiss1 in the
chair; and he1 made the Latin sermon. The names of these
synodical men are to be seen in the ordinance, printed
Junii 12 k; where any man that will, may see a great, if
not the greater part of them, Brownists2, or Independents,
or New-England-Ministers, if not worse 3, or at the best
refractory persons to the doctrine or discipline, or both, of the
Church of England established by law, and now brought
together to reform it. An excellent conclave ! But I pray
God, that befal not them, which Tally observes fell upon
Epicurus, Si qua corrigere voluit, deteriora fecit .-1 He made
everything worse that he went about to mend. I shall for
my part never deny, but that the Liturgy of the Church of
England may be made better ; but I am sure withal it may
easily be made worse. And howsoever, it would become this
Synod well, to remember, that there is a Convocation of the
English Prelates and Clergy, lawfully chosen and summoned,
and by no supreme or legal authority as yet dissolved. And
can there be two national Synods at one time, but that one
must be irregular ? Belike we shall fall to it in the Dona-
tists' way : they set up altare contra altare in Africk ; and
these will set up synodum contra synodum in England : and
this, without God's infinite mercy, will bring forth a schism,
fierce enough to rent and tear religion out of this kingdom ;
which God, for the merits and mercies of Christ, forbid.
he' interlined.]
Several words erased after ; Brownists/]
'if not worse/ in marg.]
h [See Terent. Andr. iv. 2. 9.] worth, par.iii. vol.ii. (i.e. vol. v.) p. 337.]
1 [Dr. William Twiss, formerly Fel- ! Cicero, L. 2. Tuscu. Q. [The fol
low of New College, Vicar of New- lowing appears to be the passage refer-
bury. Sec his life in Wood, Ath. Ox. red to : "Ita ut ea quae corrigere vult
iii. 369 seq.] mihi quidem depravare videatur."—
k [This ordinance is given in Rush- De Fin. lib. i. cap. vi.]
30 HISTORY OF THE TROUBLES AND TRIAL
A Committee of the House of Commons sent Mr. Dobsonm,
my Controller, to me to the Tower, to require me to send
them word under my hand, what originals I had of the
Articles of Religion established, 156'?, and 1571. This was1
Julii 12. on Wednesday, July 12. And I returned by him the same
day this answer in writing, with my name to it : — " The
original Articles of 1571 I could never find in my paper-study
at Lambeth, or anywhere else ; and whether any copy of them .
were ever left there, I cannot tell. The original Articles
of 1562, with many hands to them, I did see, and peruse
there ; but whether the bishops' hands were to them or not,
I cannot remember." This answer satisfied them; but what 209
their aim was I cannot tell, unless they meant to make a
search about the two first lines in the twentieth Article, con
cerning the power of the Church ; in these words : " The
Church hath power to decree rites or ceremonies, and autho
rity in controversies of faith : " which words are left out in
divers printed copies of the Articles, and are not in the one-
and-twentieth Article of Edw. VI., nor in the Latin copy of
the Articles 1571 ; but in the original Articles of 1562, the
words are plain and manifest, without any interlining at all.
If this were their aim, 'tis probable we shall see somewhat,
by what their Synod 2 shall do concerning that Article n.
Aug. 3. On Tuesday, August 3, my servant, Mr. Edw. Lenthrop,
came to me, and told me that the day before he met with Sir
K. Digbye, who had the leave to go out of prison, (by the suit
of the French Queen,) and to travel into France. But before
he took his journey, he was to come before a Committee, and
there, he said, he had been3. It seems it was some Com
mittee about my business ; for he told Mr. Lenthrop, and
wished him to tell it me, that the Committee took special
notice of his acquaintance with me, and examined him
strictly concerning me and my religion, whether he did not
know that I was offered to be made a Cardinal ; and many
i [' waa* in maig.] 2 ['Synod' in marg.]
3 [' and there . . . been.' in marg.]
m [Walter Dobson. The Archbishop more fully stated by the Archbishop
bequeathed him a legacy of 20£. See in his Speech at Bastwick, Burton,
Will.] and Pryime's Censure, pp. 82—84 in
n [The evidence in favour of the marg. See Works, vol. vi.]
genuineness of this disputed clause, is
OF ARCHBISHOP LAUD. 31
other such like things. That he answered them, That lie
knew nothing of any Cardinalship offered me : and for my
religion, he had reason to think I was truly and really as
I professed myself; for I had laboured with him against his
return to the Church of Rome : (which is true, and I have
some of my papers yet to show.) But he further sent me
word, that their malice was great against me ; though he saw
plainly, (96) they were like men that groped in the dark, and
were to seek what to lay to my charge. But soon after mut-
terings arose,, that Mr. Pryn in his search had found great
matters against me, and that now I should be brought to
trial out of hand.
Some men now, it seems, made overture for peace, and
some good hopes of it began to show themselves (as it was
then said) in both Houses. This was on Saturday, Aug. 5 : Aug. 5,
but there wanted not those which made themserVes ready for 1(
battle ; for on Sunday, Aug. 6, printed bills were pasted up Aug. 6.
in London, to animate the people to go to Westminster
against peace ; and the like bills were read in some churches.
Excellent church-work ! And on Monday, Aug. 7, some Aug. 7.
thousands, men and women, went to the Parliament, and
clamorously petitioned against peace ; and the next day five Aug. 8.
or six hundred women, and these1 were as earnest for peace:
but ye may observe, 'tis but hundreds for thousands that
came against it. Yet on Wednesday, Aug. 9, the number of Aug. 9.
women increased, when, it seems, men durst not appear.
But their desire for peace was answered by some troops of
horse which were sent for, by which some of the women were
killed, and divers of them shrewdly wounded. God of His
mercy set an end to these bloody distractions ! In the midst
of this fury of the people, on Thursday, Aug. 10, came out Aug. 10.
'Rome's Master-Piece0.' This book Mr. Pryn sets forth in
print, upon occasion of some papers which he had in his
search taken from me ; and 'twas done to drive the people
210 headlong into mischief, whose malice against me2 needed
not his setting on. After this the Diurnal and other
1 ['these' interlined.] 2 ['me' interlined.]
0 [This production, with the Archbishop's marginal notes, will be found in
vol. vi.]
32 HISTORY OF THE TROUBLES AND TRIAL
pamphlets began to mention me, and that now a charge was
drawing up against me.
Aug. 11. Upon Friday, Aug. 11, Sir Robert Harlowe was made
Lieutenant of the Tower, in the room of Sir Jo. Conniers ;
Aug. 15. and on Tuesday, Aug, 15, he removed Mr. Bray, who had
been my warder from my first commitment to the Tower, and
put Mr. Cowes, another of the warders, to be my keeper.
Aug. 19. The cause of this change I could never learn. The nineteenth
of Aug. after, being Saturday, Alderman Pennington, then
Lord Mayor of London, was made Lieutenant of the Tower,
and took possession of it.
Aug. 20. The next day being Sunday, in the afternoon one preached
in the Tower church in a buff-coat and a scarf, but had a
gown on. He told the people, they were all blessed that
died in this cause, with much more such stuff. His name
(as I then heard) was KemP, parson or vicar of Loe-Layton^,
in Essex, and then captain of a troop of horse. Quam bene
Aug. 27. conveniunt r! But the next Sunday, Aug. 27, during the
afternoon sermon, a letter, subscribed John Browne, was
thrust under the door of my prison. When I opened it, I
found it a most bitter libel. God forgive the author of it !
September On Monday, Septem. 11, the new Lieutenant, the Lord
Mayor, changed my warder again, removed Mr. Cowes, and
put Mr. Spencer to attend me. And when I moved him, that
I might not have such often1 change put upon me, as no
other prisoner had, his answer was, that if he did not remove
Mr. Cowes, the Committee would. So I knew not how to
help myself, but by patience.
Then came the Covenant, that excellent piece of
from Scotland, and was sworn by the Parliament and the
Scptemb. Synod, in St. Margaret's Church in Westminster, on Monday,
September 25. The effects which followed were as strict as
Octol>. 3. the Covenant ; for on Monday, Octob. 3, the order made that
time twelvemonth was renewed, and all prisoners locked up,
and no man suffered to speak with them, but by leave from
the Lieutenant, and in the presence of their several warders
respectively.
1 ['often' in margin.]
P [Samuel Kerne, or Kern. See a i Low-Laighton.
full account of him, Wood, Ath. Ox. r [See Ovid, Metam. ii. 846.]
iii. 907 ]
OF ARCHBISHOP LAUD.
33
211 CAP. XX.
BY this time Mr. Pryn's malice had hammered out some-"
thing; and on Tuesday, Octob. 24, an order was brought me Oetob.24.
from the Lords, dated Octob. 23, with a copy of ten additional
Articles a, brought up by the Commons against me. This
r a See the Articles, and Order of the
Lords made thereupon, apud Kush-
worth, par. iii. vol. ii. pp. 817, 820 ;
apud Pr. pp. 33 — 41.
[Such of the additional Articles as
are not mentioned in the following
History, are here given from Pr^nne's
Cant. Doom, pp. 38 — 40.
"1. That the said Archbishop of
Canterbury, to introduce an arbitrary
government within this realm, and to
destroy Parliaments, in the third and
fourth years of his Majesty's reign
that now is, a Parliament being then
called and sitting at Westminster,
traitorously and maliciously caused
the said Parliament to be dissolved,
to the great grievance of his Majesty's
subjects, and prejudice of the common
wealth ; and soon after the dissolu
tion thereof, gave divers propositions
under his hand to George, then Duke
of Buckingham, casting therein many
false aspersions upon the said Parlia
ment, calling it a factious Parliament,
and falsely affirming that it had cast
many scandals upon his Majesty, and
had used him like a child in his mi
nority, styling them Puritans, and
commending the Papists for harmless
and peaceable subjects.
"4. That for the end and purpose
aforesaid (to advance the Canons and
power ecclesiastical above the law of
the land), about seven years last past,
a judgment being given in his Ma
jesty's Court of King's Bench against
one Burley, a parson, being a man of
bad life and conversation, in an infor
mation upon the statute of 21 Hen.
VIII. for wilful non-residency, the
said Archbishop, by solicitations and
other undue means used to the judges
of the court, caused execution upon
the said judgment to be stayed; and
being moved therein, and made ac-
LAUD. — VOL. iv.
quainted with the bad life and con
versation of the said person, he said
that he had spoken to the judges for
him, and that he would never suffer a
judgment to pass against any Clergy
man by niliil dicit.
" 8. That the said Archbishop,
about four years last past, at West
minster aforesaid, said that there
must be a blow given to the Church,
such as hath not been yet given, before
it could be brought to conformity;
declaring thereby his intention to be
to shake and alter the true Protestant
religion established in the Church of
England.
" 10. That a little before the calling
of the last Parliament, anno 1640, a
vote being then passed, and a resolu
tion taken at the Council Table, by
the advice of the said Archbishop, for
assisting of the King in extraordinary
ways, if the said Parliament should
prove peevish, and refuse to supply
his Majesty ; the said Archbishop
wickedly and maliciously advised his
Majesty to dissolve the said Parlia
ment, and accordingly the same was
dissolved. And presently after, the
said Archbishop told his Majesty that
now he was absolved from all rules of
government, and left free to use extra
ordinary ways for his supply.
" For all which matters and things
the said Commons assembled in Par
liament, in the name of themselves
and of all the Commons of England,
do impeach the said Archbishop of
Canterbury of high treason, and other
crimes and misdemeanours, tending
to the subversion of our religion, laws,
and liberties, and to the utter ruin of
this Church and Commonwealth.
" And the said Commons, by pro
testation saving to themselves the
liberty of exhibiting at any time
D
HISTORY OF THE TROUBLES AND TIIIAL
order required me to make my answer in writing by the
thirtieth of the same month. These Articles charged me not
with treason only, as the former did, but with ' treason, arid
other high crimes and misdemeanours/ I sent instantly by
the same messenger a patitionb for longer time; for means
out of my estate to fee my counsel, and bear the necessary
charge of my trial ; for counsel, and for a solicitor, and some
servants to attend my business. The Lords, I humbly
thank them, gave me longer time, and
assigned
me Mr.
hereafter, any further or other accusa
tion or impeachment against the said
William Laud, Archbishop of Canter
bury, and also of replying to the
answer that he shall make unto the
said Articles, or any of thorn, or offer
ing proof of the premises, or any other
impeachments or accusations that
shall be exhibited by them, as the
cause shall (according to the course of
Parliament) require ; do pray that he,
the said William Laud, Archbishop
of Canterbury, may be called to an
swer the said several crimes and mis
demeanours, and receive such condign
punishment as the same shall deserve;
and that such further proceedings
may be upon every of them had and
used against him as is agreeable to
law and justice."
The order of the Lords is as fol
lows : —
"Die Ltmse, 23 October, 1643.
Ordered, by the Lords in Parliament,
That the Lord Archbishop of Canter
bury shall put in his answer in writing
into this House by the thirtieth day
of this instant October, unto the par
ticular Articles, in maintenance of
their former impeachment of high
treason, and divers high crimes and
misdemeanours, brought up from the
House of Commons against him, and
remaining now before the Lords in
Parliament."]
b The A.B.'s petition may be found
in Rushw. p. 820 ; Pryn, p. 41.
[" To the Honourable the Lords as
sembled in the High Court of Par
liament,
"The humble petition of William.
Laud, Archbishop of Canterbury,
" Humbly sheweth,
" That he hath received your Lord
ships' order of October 23, 1643, with
a copy of the Articles charged against
him, and requiring him to make answer.
" Most humbly prayeth that, ac
cording to an order of that honourable
House, he may have counsel assigned
him, and that Master Hcarne and
Master Chute may be his counsel, and
may have free liberty to come unto
him; and that he may have some
money out of his estate to fee his
counsel, and defray his other charges,
he having been for the last whole year
burdensome to his friends. And fur
ther, that he may have all his papers
and books, most of which belong to
his defence, which Master Prynne
took from him by order of the Lords,
delivered unto him, that he may be
able to answer for himself. That also
he may have time and means to send
for his witnesses, which can hardly be
done in the time limited. And that
he may have his servants about him,
to send about his necessary occasions.
And, lastly, that he may have longer
time, the Articles being large and
many.
"And he shall ever pray, &c.
" W. CANT."]
c Hern and Chute were assigned
by order of the Lords, Octob. 24;
Hales added by their order, Octob. 28.
See both orders, apud Hush worth,
p. 821 ; Pryn, pp. 41, 42. Gerrard
added by their order, Jan. 16. See
this order also, ibid. p. 825, and 46.
The first order, apud Heylin's Life
of Laud, p. 513. [The orders are here
added : —
" Die Martis, 24 October, 1643.
Upon the reading of the petition of
the Lord Archbishop of Canterbury,
this day, in the House, it is ordered
by the Lords in Parliament, That
time is given him until Monday, the
sixth of November, for the putting in
his answer in writing into this House,
unto the particular Articles brought
up from the House of Commons in
maintenance of their former impeach
ment of high treason, and divers high
Of ARCHBISHOP LAUD.
35
Hearnd, Mr. Chute6, Mr. Hales f; and, at my petition, added
Mr. Gerrard g. For money they referred me to the Committee
of Sequestrations ; but delayed their answer concerning my
servants, and the papers of my defence which Mr. Pryn took
from me. For though he promised me a faithful restitution
of them within three or four days, yet to this day (being
almost five months after) I had received but three bundles of
the twenty and one, which he had from me.
Friday, Octob. 27, I petitioned again, that the papers of Octob. 27.
my defence, being, as I was informed, in the hands of the
Close Committee, might be deli(97)vered unto me; and sent
my petition, with the order of the Lords annexed, to the
Committee for Sequestrations. There many were very
favourable, till Mr. Glyn h was pleased to say, They were not
crimes and misdemeanours, against
him. That Master Hearne and Master
Chute are hereby assigned of counsel
for the drawing up of his answer, who
are to be permitted to have free access
in and out to him. That this House
doth hereby recommend to the Com
mittee of Sequestrations, that the said
Lord Archbishop shall have such
means afforded him out of his estate
as will enable him to pay his counsel,
and defray his other charges. That
when his Lordship shall set down
particularly what papers and writings
are necessary for his defence that
should be restored unto him, their
Lordships will take it into their consi
deration. That upon his Lordship's
nominating who shall be his solicitor,
the Lords will return their answer.
And for the witnesses, when a day
shall be appointed for his Lordship's
trial, this House will give such direc
tions therein as shall be just."
' " Die Sabbati, 28 October, 1643.
Ordered by the Lords in Parliament,
That Master Hales is hereby ap
pointed to be of counsel with the Lord
Archbishop of Canterbury, with his
other counsel already appointed for
the drawing of his answer to the
charge of the House of Commons
against him. And that Master W.
Dell, Richard Cobb, and Master
George Smith, his Lordship's ser
vants, shall have liberty to attend the
said Archbishop's several affairs, and
be permitted to come in and out unto
him, as there shall be occasion."
" Die Martis, 16 Jan. 1643.
Upon the reading the petition of
William, Archbishop of Canterbury,
it is this day ordered by the Lords
in Parliament, That Mr. Richard
Gerrard, of Gray's Inn, be added to
the former counsel assigned to the
said Archbishop, to be likewise of his
counsel. It is also ordered by the
Lords in Parliament, That William,
Archbishop of Canterbury, shall put
in his answer in writing into this
House, to the first and further Arti
cles of Impeachment brought up from
the House of Commons against him,
by Monday morning next perempto
rily, and that the same counsel for
merly assigned him shall be of counsel
with him."]
d [John Hearne. From a letter in
Peck's Desiderata Curiosa, p. 556,
written by one of his grandchildren,
it appears that he received the Holy
Communion with the Archbishop just
before his death ; and that the Arch
bishop wished him to attend him on
the scaffold. He desired to be excused
this service, and his son attended in
his stead. The same letter contains
an account of a proposal to coin a
medal from the gold pieces which the
Archbishop gave the younger Hearne
on this occasion.]
e [Chaloner Chute, son of Arthur
Chute, of Wrenham, in Suffolk. His
son, Chaloner Chute, was Speaker of
the House of Commons in Rich. Crom
well's Parliament. (Wood,F.O.i.454.)]
f [Afterwards the celebrated Sir
Matthew Hale.]
9 [Richard Gerrard.]
h [M. P. for Westminster, afterwards
Scrgcant-at-law, Chief Justice of the
D 2
I1IST011Y OF THE TllOUBLES AND THIAL
to allow me means, and there was a known course in law,
which was1, that I might go on in forma pauperis ; and so
I was2 left without any allowance out of my estate, to fee my
counsel, or supply other wants.
This succeeding so ill with me, I petitioned the Lords
Octob. 28, again on Saturday, Octob. 28, and then Mr. Dell, my secre
tary, was assigned me for my solicitor, and I was allowed two
servants more to go about my business1; and the House of
Commons by their order agreed to the Lords, that I should
have copies of any of the papers taken from me; but it
should be at my own charge. Wonderful favour this, and as
much justice! My estate all taken from me, and my goods
sold, before ever I came to hearing ; and then I may take
copies of my papers at my own charge !
Octob. 31. On Tuesday, Octob. 31, I humbly petitioned1' the Lords
for direction of my counsel how to carry themselves towards
me and my defence; and that they would honourably be
[' was,' interlined.]
['was' interlined.]
Upper Bench, and one of Cromwell's
peers.]
' See the order of the Lords, apud
Kushw. p. 821 ; Pryn, p. 42. [See
above, note c.]
k The petition may be found, apud
Kushw. p. 821; Pryn, p. 42.
[" To the Right Honourable the Lords
assembled in Parliament,
"The humble petition of Wil
liam, Archbishop of Canterbury,
" Most humbly sheweth,
" That your petitioner having pre
sented against him, by the honour
able Hou.-e of Commons, to your
Lordships, an impeachment, intituled,
' Further Articles of Impeachment by
the Commons assembled in Parlia
ment, of High Treason, and divers
High Crimes and Misdemeanours;' to
which by your honourable order of
the twenty-fourth of October annexed,
he is directed to put in his answer in
writing, by Monday the sixth of No
vember, and hath thereby counsel
assigned him to draw up the same ;
" That your petitioner's counsel,
upon reading of the Articles, finding
that as well in the frame as the conclu
sion thereof, the matters of crime and
misdemeanours are so interwoven with
the matters thereby charged as treason,
as they cannot take upon themselves
to distinguish them ; and conceiving
it not to have been your Lordships'
intention by their assignments, that
they should advise an answer to any
part of the impeachment charged
against your petitioner as treason, do
forbear to advise your petitioner's
answer to the said Articles, without
some declaration first had, which of
the said Articles are intended to be a
charge of high treason, and which of
them of crimes and misdemeanours,
without which your petitioner is like
to be deprived of the assistance of
counsel granted by your Lordships'
order.
" Your petitioner humbly beseech-
eth your Lordships, in this so heavy
a charge on him, from so great and
honourable a body, in such a strait of
time, That it may be declared which
of the said Articles are intended to be
charges of crimes and misdemeanours
only, in which your petitioner may
have the assistance of his counsel
assigned him to advise him in his
answer thereunto ; and that your
Lordships will be further honourably
pleased to enlarge your petitioner in
the time allotted for his answer.
"And your petitioner shall pray,
&c. "W. CANT."]
OP ARCHBISHOP LAUD. 37
pleased, in regard the Articles charged me with treason
and misdemeanour, and were intermixed one with another,
to distinguish which were for treason, and which for misde
meanour : as also for longer time to put in my answer. The
Lords upon this gave an order that I should have time till
212 Novemb. 13, but would declare no opinion touching the dis-
tinguishment of the Articles, but left me to my counsel to
advise as they pleased l. My counsel told me plainly, I were as
good have no counsel, if the Articles were not distinguished;
for they were so woven one with another, and so knit up
together in the conclusion, that they might refer all to
treason, and so they be1 suffered to give me no counsel at all
in matter of fact. Hereupon they drew me another petition
to the same effect, which I caused to be delivered Novemb. 6 ; Novemb. 6.
but it received the same answer. Then Novemb. 7, being Novemb.7.
Wednesday [Tuesday], I petitioned the House of Commons
to the same purpose ; and Novemb. 8, this my petition was Novemb.8.
read in the House of Commons, and, after a short debate,
the resolution was, that they, being my accusers, would not
meddle with anything, but left all to the order of the Lords,
before whom the business was, and my counsel's own judgment
thereupon. This seemed very hard, not only to myself and
my counsel, but to all indifferent men that heard it. In
the meantime I could resort no whither but to patience and
God's mercy.
Novemb. 13, I appeared in the Parliament-house according Novemb.
to the order111, and was at the bar. That which I spake to 13<
the Lds. was this, — " That I had no skill to judge of the
i [« be ' interlined.]
1 See the order of the Lords, ibid. 822.
[Rushworth,] p. 822 ; [Prynne, p.] 42. [" Die Veneris, 10 Novemb. 1643.
["Die Martis, 31 Octobris. Or- Ordered, That the Lieutenant of the
dered by the Lords in Parliament, Tower, or his deputies, shall bring in
That the Lord Archbishop of Canter- safety the Lord Archbishop of Canter
bury shall have time to put in his bury before their Lordships, on ^Ion-
answer to the impeachment of the day, the thirteenth of this instant
House of Commons until Monday the November, by ten of the clock in the
thirteenth of November next. And morning, to put in his answer into
that this House doth forbear to de- the House to the impeachment of the
clare any opinion concerning the House of Commons remaining now
several Articles of the said impeach- before the Lords in Parliament, and
ment, but leaves it to his counsel to this to be a sufficient warrant in that
do and advise as his counsel shall behalf,
think most fitting."] " To the Gentleman Usher, &c."]
m See the order, apud Rushw. p.
38 HISTORY OF THE TROUBLES AND TRIAL
straits into which I might fall by my plea, which I had
resolved on, being left without all assistance of my counsel,
in regard of the nature and form of the impeachment that
was against me. That yet my innocency prompted me to
a ready obedience of their Lps'. order, casting myself wholly
upon God's mercy, their Lps'. justice, and my own inno
cency." Then I humbly desired that their Lps'. order first,
and the impeachment after, might be read l. This done,
I put in my answer in writing, as I was ordered to do, and
humbly prayed it might be entered. My answer was, — " All
advantages of law against this impeachment saved and re
served to this defendant, he pleads 'Not guilty' to all and
every part of the impeachment, in manner and form as 'tis
charged in the Articles0;" and to this answer I put my hand.
My answer being thus put in, I humbly besought their
Lps. to take into their honourable consideration my great
years, being threescore and ten complete, and my memory
and other faculties by age and affliction much decayed : my
long imprisonment, wanting very little of three whole years,
and this last year little better than close imprisonment : my
want of skill and knowledge in the laws to defend myself:
the generality and incertainty of almost all the Articles, so
that I cannot see any particulars against which I may provide
myself.
In the next place, I did thankfully acknowledge their Lps'.
honourable favour in assigning me such counsel as I desired ;
but I told their Lps. withal, that as my counsel were most
ready to obey their Lps. in all the commands laid upon them,
so there were certain doubts arisen in them how far they
might advise me without offence; considering the charges
against me were so interwoven, and left without all distin-
guishment what is intended as a charge of treason, and what 213
of crime and misdemeanour. That, to remove these doubts,
1 ['might be read.' in margin.]
D Rushworth, p. 822 ; Pryn, peachment to this defendant saved
p. 43. This answer is otherwise and reserved, this defendant humbly
worded m Pryn's Compl. Hist. p. 43, saith that he is Not guilty of all or
who took it (I suppose) from the Par- any the matters by the said impeach-
liament Records.— W. S. A. C. It is ment charged, in such manner and
thus worded,— " All advantages of ex- form as the same are by the said
ception to the said Articles of Im- Articles of Impeachment charged."
OF ARCHBISHOP LAUD. 39
I had humbly besought their Lps. twice for distinguishment,
by several petitions; that their Lps. not thinking it fit to
distinguish,, I have, without advice of counsel, put in my plea,
as their Lps. see. But do most humbly pray, that- their
Lps. will take me so far into consideration, as that I may not
lose the benefit of my counsel for law in (98) all, or any; and
for law and fact, in whatsoever is not charged as treason,
when it shall be distinguished : as still my prayers were, that
by their Lps'. wisdom and honourable direction, some way
might be found to distinguish them : and that having (not
without much difficulty) prevailed with my counsel to attend,
their Lps. would be pleased to hear them speak in this
perplexed business.
While I was speaking this, the Lds. were very attentive,
and two of them took pen and paper at the table, and took
notes ; and it was unanimously granted that my counsel
should be heard; and so they were. And the order0 then
made upon their hearing was, that they should advise me,
and be heard themselves in all things concerning matter of
law, and in all things, whether of law or fact, that was? not
charged as treason ; and that they would think upon the
distinguishment in time convenient. This was all I could
get, and my counsel seemed somewhat better content, that
they had gotten so much. Not long after this, I heard from
good hands, that some of the Lords confessed I had much
deceived their expectation ; for they found me in a calm, but
thought I would have been stormy. And this being so,
I believe the two lords so careful at their pen and ink made
ready to observe any disadvantages to me, which they
0 See the order, apud Kushw. p. " Ordered, That the Committee for
822 ; Pryn, p>43. the trial of the Archbishop of Cantcr-
["Die Lunac, 13 Novemb. 1643. bury do meet this afternoon, at two of
Ordered by the Lords in Parliament, the clock, in the Star Chamber, to
That the Lord Archbishop of Canter- prepare the evidence against the
bury's counsel shall provide them- Archbishop of Canterbury, and to
selves to advise him in point of law, summon such witnesses as are needful,
in all the Articles of the whole charge; arid prepare the business fit for trial,
and for the matter of fact, when the and to acquaint the House when they
cause comes to be prosecuted by the are ready ; and this they are to do
House of Commons, as there shall be with all convenient speed they can,
need, their Lordships will give further and to have power to send for parties,
directions in due time." witnesses, papers, records, &c. And
On the llth of December the the care thereof is particularly com- •
House oi Commons made this ensuing mitted unto Sergeant Wilde."]
order:— P ' were'
40 HISTORY OP THE TROUBLES AND TRIAL
thought choler arid indignation might thrust forth. But
I praise God the giver, I am better acquainted with patience
fchan they think I am1.
So this my main business stayed awhile. In the meantime,
Deccmb. 8, that I might not rust, I was warned, Decemb. 8, to appear in
Parliament the 18th of that month, as a collateral defendant
in a case of Smart against Dr. Cosin, formerly heard in the
High Commission <i. This cause had been called upon2 both
in this and former Parliaments; but I never heard that I
was made a defendant till now; nor do I know anything of
the cause, but that in the High Commission I gave my vote
according to my conscience, and law too, for aught I know,
and must refer myself to the acts of that3 court. On Wed-
Decemb. nesday, Decemb. 13, I petitioned for counsel in this cause,
Decemb. and had the same assigned me; and on the 18th day I
appeared according to my summons, but I was not called in,
and the business put off to that day three weeks.
Decemb. On Thursday, Decemb. 28, which was Innocents' Day,
one Mr. Wells, a New-England minister, came to me, and in
a boisterous manner demanded to know whether I had
repented or not. I knew him not, till he told me he was
suspended by me when I was Bishop of London, and he then
a minister in Essex. I told him, if he were suspended, it 214
was doubtless according to law. Then upon a little further
speech, I recalled the man to my remembrance, and what
care I took in conference with him at London-House, to recall
him from some of his turbulent ways, but all in vain ; and now
he inferred out of the good words I then gave him, that I
suspended him against my conscience. In conclusion he told
me, I went about to bring Popery into the kingdom, and he
hoped I should have my reward for it. When I ^aw him at
1 [' Not long ... I am.' inserted afterwards, the greater part on oppo
site page.]
2 [' had been called upon ' originally written ' hath been formerly called
upon'] 3 ['that' interlined.]
q [Peter Smart, one of the Preben- at London. On the change of affairs,
daries of Durham, had, in 1628, Smart preferred a Bill of Complaint
preached a seditious sermon in that against Cosin and the other parties,
cathedral ; for which, at the instiga- The Articles against Cosin are to be
tion of Cosin and others, he was ques- found in Nalson's Collection, vol. i.
tioned, first at Durham, and after- pp. 789, 790; and Cosin's Reply in
wards in the High Commission Court Hcylin's Examen Historicum, p. 284.]
OF ARCHBISHOP LAUD.
41
this height, I told him, he and his fellows, what by their
ignorance, and what by their railing, and other boisterous
carriage, would soon actually make more Papists by far than
ever I intended ; and that I was a better Protestant than he,
or any of his followers. So I left him in his heat. This
man was brought to my chamber by Mr. Isaac Pennington,
son to the lieutenant.
By this time something was made ready again in my great
business ; and Wednesday at night, Janua. 3, I received an Janua. 3,
order for my appearance, to answer1 to the impeachment 164^
against me; on the Monday following, Janua. 8 r. This summons
seemed sudden, after so great an intermission ; yet I could
not petition for more time till Saturday, Janua. 6; because, Janua. 6.
as the messenger told me, the House sat not again till then.
Then I petitioned for more time, in regard my counsel were
not in town2 ; and I had time given till Tuesday, Janua. 16,
and that day set peremptorily8. Notwithstanding the short-
1 [Originally written ' to appear, and to answer ']
2 [' in town ; ' orig. ' at home ;']
r See the order, apud Eushw. p. 823 ;
Pryn, p. 43.
["Die Mercurii, 3 Jan. 1643. It is
this day ordered by the Lords in Par
liament, That this House will proceed
against William Laud, Archbishop of
Canterbury, upon the impeachment
brought up from the House of Com
mons for high cririies and misde
meanours, on Thursday morning next,
at ten of the clock, being the eighth
of this instant January, 1643. At which
time the said Archbishop is to prepare
himself for his defence.
" To the Gentleman Usher attending
this Hou«e, or his deputy, to be de
livered to the Lieutenant of the Tower,
or his deputy, for the Archbishop."]
s The petition may be found apud
Rushw. p. 823, and the order of the
Lords, p. 824. Both apud Pryn, p. 44.
["To the Right Honourable the Lords
assembled in the High Court of
Parliament,
" The humble petition of William
Laud, Archbishop of Canterbury,
prisoner in the Tower,
" Humbly sheweth,
"That your petitioner, having re
ceived your Lordships' command, by
your honourable order of the third of
this instant January annexed, to at
tend and answer the impeachments
against your petitioner from the
honourable House of Commons, on
Monday the eighth of this instant
January, which is but five days' dis
tance, and at a time when two of his
three counsel assigned are out of town,
and your petitioner's witnesses, re
siding in several remote places, cannot
be summoned in so short a time, nor
willing haply to come upon their
summons, without warrant from your
Lordships; Your petitioner's most
humble suit to your Lordships is, That
you will honourably vouchsafe him
some more convenient time, to send
for his counsel and witnesses to testify
in the matters of fact charged against
him ; and withal to grant the petitioner
your honourable order, to command
the witnesses summoned to attend at
the time by your Lordships to be ap
pointed ; which his humble request
your petitioner had sooner presented
to your Lordships, but that no sitting
hath been (as your petitioner is in
formed) until this day, sithence your
honourable order in this behalf made
known to him.
" And your petitioner shall pray, &c.
" W. Cant."
Upon reading whereof, the Lords
made this order : —
" Sabbati, 6 Jan. 1643. Whereas the
HISTORY OF THE TROUBLES AND TRIAL
ness of this time, my counsel being out of town, as not
Janua. 7. expecting it, I was on Sunday, Janua. 7, ordered again to
appear in Mr. Smart's suit, the next day. The warrant bare
date a fortnight before ; yet partly to sanctify the Sabbath*,
and partly to show his great civility to me in giving me
warning, I was not served with it till Sunday night at seven
Janua. 8. of the clock. The next morning, I went to Westminster as
I was commanded ; but I was sent back, and not so much as
called upon. So, beside the charge I was at, that day was
lost and taken from me and my business, as short time as I
had given me.
Janua. 16. Then Tuesday came on, Januar. 16. And whereas I was
ordered to appear at the Lords' House at nine in the morning,
I was by another order put off to one of the clock in the
afternoon u. Then I appeared x. The Committee that were
to press the evidence against me began to proceed upon the
former general* Articles, as well as upon the latter y. But to
House formerly appointed Monday,
being the eighth of this instant Janu
ary, 1643, to proceed against William
Laud, Archbishop of Canterbury, upon
the impeachment brought up against
him from the House of Commons for
high treasons, and high crimes and
misdemeanours ; upon reading the pe
tition of the said Archbishop, it is this
day ordered by the Lords in Parlia
ment, to the end the counsel and wit
nesses of the said Archbishop may have
competent time to attend the hearing
of the cause, that this House will
icspite the proceedings against the
said Archbishop upon the said im
peachments until Tuesday, the 16th of
this instant January, 1643, at ten of
the clock in the morning ; at which
time the said Archbishop is peremp
torily appointed to provide his wit
nesses, and prepare his defence unto
the said impeachments.
" To the Gentleman Usher, &c."]
* For so those Puritans styled and
accounted the Sunday. — H. W.
u Vide the order, apud Rushw. p.
824; Pryn, p. 45.
["Die Lunge, 15 Jan. 1643. It is
this day ordered by the Lords in Par
liament, That the Lieutenant of the
Tower of London, or his deputy, shall
bring in safety the Archbishop of Can
terbury before their Lordships, on
Tuesday, the 16th of this instant Janu
ary, by one of the clock in the after
noon. At which time this House will
proceed against the said Archbishop,
upon the impeachments brought up
from the House of Commons for high
treason, and high crimes and mis
demeanours : and this to be a sufficient
warrant in that behalf.
" To the Gentleman Usher, &c."]
x [" About three o'clock that after
noon the Lords sent down this message
to the House of Commons :
" A message from the Lords by Sir
Robert Rich and Mr. Page, to acquaint
the House that they are ready to
hear the charge upon the impeach
ment against the Bishop of Canter
bury.
" Upon this message, the Committee
of the House of Commons appointed
to manage the evidence against him,
went up to the Lords' House : and
then the Archbishop, being brought to
the bar, after he had there kneeled a
little space, was commanded to stand."
Prynne, in recording the further
proceedings of this day, mentions that
both sets of Articles were read, but
only the Archbishop's reply to the
latter set, ascribing the Archbishop's
silence respecting the first set of Arti
cles to his own sense of guilt, and not
to the circumstance mentioned in the
text. Maynard also urged the same
argument at the time.]
y Mr. Maynard was then chief mana
ger for the Commons. See his speech
OF ARCHBISHOP LAUD.
43
the first Articles I had never been called to answer, nor
(99) ever joined issue. Upon this, there was much looking
one upon another, as if they meant to ask where the failure
was : but by this means there could not then be any pro
ceeding. So I was there peremptorily ordered to put in my
answer on Monday, Janua. 22, both to the original and to
the additional Articles, and in writing2.
At this day and time I appeared, as I was ordered to do ; Jan. 22,
1 r A 4
but could not obtain of the Lords, either to take my former
answer off from the file, if I must put in another; nor to
distinguish the Articles, which were treason and which mis
demeanour ; nor leave for my counsel to speak to the gene-
215 rality and uncertainty of the original Articles, which, they
professed were such, as no man living could prepare answer
fora. But I must put in my answer presently, or be taken
made then to the. Lords, apud Eushw.
p. 824, and Pryn, p. 45.
z See the order, apud Rushw. p. 825 ;
Pryn, pp. 46, 47.
[" It is this day ordered by the
Lords in Parliament, That William,
Archbishop of Canterbury, shall put in
his answer in writing into this House
to the first and further Articles of Im
peachment brought up from the House
of Commons against him, by Monday
morning next peremptorily, and that
the same counsel formerly assigned
shall be of counsel with him."
On the next Saturday was issued
the following order : —
Die Sabbati, 20 Jan. 1643. It is
this day ordered by the Lords in Par
liament, That the Lieutenant of the
Tower of London, or his deputy, shall
bring in safety William, Archbishop
of Cant., before their Lordships, on
Monday, the 22d of this instant Janu
ary, by ten of the clock in the morning,
to put in his answer to the Articles of
Impeachment brought up from the
House of Commons against him, ac
cording to the former order of this
House, of the 16th of this instant
January.
" To the Gentleman Usher, &c."]
a See the Archbishop's petition made
herein, Jan. 19, apud Rushw. p. 825,
Pryn, p. 46.
[" To the Right Honourable the Lords
assembled in Parliament,
" The humble petition of William,
Archbishop of Canterbury, prisoner
in the Tower,
" Sheweth,
" That whereas your petitioner, hav
ing formerly answered the particular
Articles exhibited against him by the
honourable House of Commons, and
now by your Lordships' order of the
16th of this instant is commanded to
put in his answer to the first and
further Articles of Impeachment
brought up against him, by Monday
morning next, for doing whereof his
former counsel is assigned him :
" That your petitioner, having ad
vised with his counsel concerning the
first Articles, which were exhibited
now almost three years sithence, find
ing upon perusal and debate of the
same that the said former Articles
are such, that no answer can be
made thereunto, nor your petitioner
in any wise enabled to prepare for
his defence to the same, as they now
stand :
" That forasmuch as the said Articles
of Impeachment import no less than
a charge of high treason, and foras
much as your petitioner is by his
counsel informed, that especially in
cases of life, the defendant is allowed
to offer to the Court, where the same
depends, his exceptions by his counsel,
before any plea pleaded :
" Your petitioner most humbly be-
seecheth your Lordships to appoint a
day for the hearing of your petitioner's
counsel concerning the same.
" And vour petitioner shall pray, &c.
« W. Cant."]
44 HISTORY OF THE TROUBLES AND TRIAL
pro confesso^. So in these straits I put in my answer to both
Articles ; which follows in h&c verba : —
" The humble answer of William, Archbishop of Canter
bury, to the first and further Articles of Impeachment brought
up by the Honourable House of Commons against him, and
by order of the Right Honourable the Lords in Parliament,
of the 16th of this instant, directed to be put in.
" As to the 13th Article of the said first Articles, and the
matters therein charged, and all matters or things in the
same or any of the rest of the said Articles contained, which
concern any act of hostility, whether between the King and
his subjects, or between subject and subject, or which may
be conceived to arise upon the coming of any English army
against Scotland, or the coming of the Scottish army into
England; or upon any action, attempt, assistance, counsel,
or device, having relation thereunto, and falling out by the
occasion of the late troubles, preceding the late conclusion of
the treaty, and return of the Scottish army into Scotland : this
defendant saith ; That it is enacted by an Act made during
the sitting of this present Parliament, that the same, and
whatsoever hath ensued thereupon, whether trenching upon
the laws and liberties of the Church and kingdom, or upon
his Majesty's honour and authority, in no time hereafter
may be called in question, or resented as a wrong, national
b [" Die Lunse, 22° die Januarii. the 19th of January.'
This day being appointed for the " Upon this, the House commanded
Archbishop of Canterbury to put in him and his counsel to withdraw,
his answer to the first and further " And the House took this desire of
Articles of Impeachment brought up the Bishop's into consideration. And
from the House of Commons against the House ordered, To adhere to the
him, the House commanded the former orders, and the Speaker to let
Gentleman Usher of the Black Rod to him know, that this House expects
bring him in ; who brought him to his answer now presently,
the Bar, where he kneeled as a delin- " The Bishop was called in ; the
quent, until he was bid by the House Speaker told him of the order of this
to stand up. House as aforesaid.
" And then the Speaker demanded " Hereupon he humbly desired a
of him his answer. The Archbishop little time to advise with his counsel
answered : ' That the first Articles are now presently, which this House
so full of generals, there being no granted."]
certain time, place, nor fact expressed, c This answer was put in Jan. 22,
that his counsel are not able to draw, being short, and in general pleading
or advise him in an answer; therefore Not guilty, and making only a short
he desired their Lordships would be particular plea to the 13th Article,
pleased to hear his counsel to offer to The said answer may be found in
this House some exception, before Rush. p. 826, and Pryn, p. 47. I have
any plea be pleaded, according to the transcribed it from Pryn, and caused
desire of his petition to this House, it to be here inserted. — H. W.
OF ARCHBISHOP LAUD. 45
or personal ; and that no mention be made thereof in time
coming, neither in judgment nor out of judgment ; but that
it be held and reputed, as though never such things had been
thought or wrought ; as by the said Act may more at large
appear d : with this, That this defendant doth aver, that he is
none of the persons excepted by the said Act, or the said
offences charged upon this defendant any of the offences
excepted by the said Act.
" And as to all the rest of the said first and further Articles,
this defendant, saving to himself all advantages of exception
to the said Articles, humbly saith, He is not guilty of all or
any the matters by the said Articles charged, in such manner
and form as the same are by the said Articles charged
against him e."
This day the Thames was so full of ice that I could not
go by water. It was frost and snow, and a most bitter day.
I went therefore with the Lieutenant in his coach, and twelve
warders with halberts went all along the streets. I could not
obtain either the sending of them before, or the suffering
them to come behind, but with the coach they must come ;
which was as good as to call the people about me. So from
the Tower-gate to Westminster I was sufficiently railed on
d [16 Car. I. cap. xvii. See also Cant., to the first and further Articles
Kymer, Foed. IX. iii. 73.] of Impeachment brought up by this
e [It is further added in the Lords' House against him, which was read,
Journals : — and ordered to be referred to the
"The Bishop, after this, desired, Committee appointed to manage the
'That his former answer maybe re- evidence against the Archbishop of
turned unto him again, that so there Canterbury, and accordingly delivered
may be but one answer to one and the to Sergeant Wilde."
same charge.' And further, he de- After this, the House of Commons
sired, 'That his counsel, in conve- made the two following orders :—
nient time, might be heard in matter " Feb. 22, 1643. Ordered, That the
of law.' Committee appointed to manage the
" The Bishop being withdrawn, the evidence at the trial of the Archbishop
House gave no order herein, but of Canterbury do peremptorily meet
ordered, That a copy of the Arch- this afternoon, at three of the clock,
bishop's answer, made this day, should in the Court of Wards, upon the dis-
be written, and attested under the tributionof the parts of the evidence."
hand of the Clerk of the Parliament, "4 Martii, 1643. A message to be
and sent down to the House of sent to the Lords, to desire them to
Commons." appoint a day for the trial of the Arch-
The answer was accordingly sent bishopof Canterbury. Master Sergeant
down to the Lower House, as appears Wilde went up to the Lords to appoint
by the following entry in the Com- a day for the trial of the Archbishop
inons' Journals : — of Canterbury. Sergeant Wilde brings
" Jan 22, 1 643. The Lords, by Sir answer, That the Lords have appointed
llobert Uich and Mr. Page, sent down to-morrow sevennight for the trial of
the answer of William, Archbishop of the Archbishop of Canterbury."]
46 HISTORY OF THE TROUBLES AND TRIAL
and reviled all the way. God of His mercy forgive the mis
guided people ! My answer being put in, I was for that time
dismissed ; and the tide serving me, I made a hard shift to 210
return by water.
And now, notwithstanding all this haste made to have my
answer in, Mr. Pryn cannot make this broken business ready '
against me. Therefore, to fill up some time, I was2 ordered
Janua. 29. to be at the House again on3 Monday, Janua. 29, about
Mr. Smart's business. But being put to this trouble and
charge, and showed to the people for a further scorn, I was
sent back again, and had nothing said 4 to me.
All February passed over, and Mr. Pryn not yet ready ; he
had not yet sufficiently prepared his witnesses. But on
Mar. 4. Monday, Mar. 4, an order passed to call me to the House, to
answer my charge of high treason, on Tuesday, March 12,
Mar. 9. following f. And on Saturday, March 9, I received a note
from the Committee which were to press the evidence against
me, what Articles they meant to begin with ; which had a
show of some fair respect ; but the generality and uncer
tainty of the Articles was such, as rendered it a bare show
only ; no particular being charged concerning which I might
provide for any witnesses or counter-proof g.
'ready' interlined.]
on Monday, Janua. 29,' here originally inserted.]
' on ' interlined.] 4 [' said ' originally written ' sent']
f See the order, apud Rushw. p. 827 ; bury, desiring that Sir Henry Mildmay
Pryn, p. 48. may be examined as a witness in his
["Die Lunse, 4 Martii, 1643. Or- business, he being to come to trial on
dered, That the Archbishop of Canter- Tuesday next, was this day read. And
bury shall appear before their Lord- it is ordered, according to his petition,
ships on Tuesday, the 12th of this That he shall be examined as a witness
instant March, at nine of the clock in at the trial of the said Bishop according-
thc morning. At which time this ly. It was likewise then ordered, That
House will proceed against the Arch- divers members of the House of Com-
bishop upon the first and further mons shall be examined as witnesses
Articles of Impeachment brought up against him; and that the Lords be
from the House of Commons against moved by Sergeant Wilde, that some
him for high treason, and high crimes members and attendants of the Lords'
and misdemeanours, whereof the said House be examined at the Arch-
Archbishop is hereby to take notice, bishop's trial. And that it be referred
and provide himself accordingly."] to the Committee of Sequestrations to
s [There was read in the House of consider of some convenient recom-
Commons, on March 9, a petition pense for such clerks, solicitors, and
from the Archbishop that Sir Henry others as have been, or shall be, em-
Mildmay might be examined as a ployed in the transcribing of breviates,
witness on his trial ; upon which the and other services done by the Corn-
following order was made :— mittee for the Bisbop of Canterbury
" 9 Martii, 1643. The humble peti- his trial."]
tion of William, Archbishop of Canter-
OF ARCHBISHOP LAUD. 47
CAP. XXI.
AND now being ready to enter upon the hearing and the
trial itself, I hold it necessary for me to acquaint the reader
with some general things before that begin ; partly to the
end1 he may see the course of this trial, and the carriage
which hath been in it2; and partly to avoid the often and
tedious repetition, which else must necessarily be of some of
them ; and especially that they may not be mingled, either
with the evidence, or my answers to it, to interrupt the
current, or make anything more obscure.
(100) 1. The Committee appointed by the House of Com
mons to manage and press the evidence against me, were
Sergeant Wilde a, Mr. Browne13, Mr. Maynardc, Mr. Nicolasd,
Mr. Hill e; but none spake at the bar but the first four:
Mr. Hill was Consul-Bibulus f ; Mr. Pryn was trusted with
the providing of all the evidence, and was relater, and
prompter, and all, never weary of anything, so he might do
me mischief. And I conceive in future times it will not be
the greatest honour to these proceedings, that he, a man
twice censured in the High Court of Star-Chamber, set in
the pillory twice — once3 for libelling the Queen's Majesty,
and other ladies of great honour, and again for libelling the
Church, and the government and governors of it, the Bps. —
and that had his ears there cropped, should now be thought
the only fit and indifferent man to be trusted with the
1 [' partly to the end ' originally written ' partly because ']
2 [' and the carriage . . . it ;' in marg. ] 3 [' once ' in marg.]
a [John Wilde, M.P. for Worcester- Seal, and died, Oct. 9, 1690, well
shire.] spoken of, as a sound lawyer.]
b [Samuel Browne, an M.P. He d [Robert Nicholas, M.P. for Devizes.
was afterwards one of the Commis- Afterwards Sergeant-at-Law, and one
sioners of the Great Seal, and one of the Judges of the Court of King's
of the Judges of the Court of King's Bench.]
Bench.] e [Robert Hill, M.P. for Bridport.
c [John Maynard, M.P. for Totnes. Afterwards one of the Barons of the
He lived through the reigns of Exchequer.]
Charles II. and James II., and took an f [Referring to M. Calpurnius Bibu-
active part in bringing over William lus, Caesar's inactive colleague in his
III. In 1689, he was appointed one first consulship.]
o the Commissioners of the Great
48 HISTORY OF THE TROUBLES AND TRIAL
witnesses and the evidence against me, an archbishop, and
sitting at his censure1.
2. Mr. Pryn took to him two young men, to help to turn
his papers, and assist him ; Mr. Grice, and Mr. Beck. Mr.
Grice was son to Mr. Tho. Grice, Fellow2 of St. John Bap.
College in my time, and after beneficed near Stanes°'. I
know not what the matter was, but I could never get his 217
love. But he is deadh, and so let him rest3. And now his
son succeeds, and it seems he inherits his father's disposition
towards me ; for I hear his tongue walks liberally over me
in all places4. For Mr. Beck, he hath received some courtesy
from me, and needed not in this kind to have expressed his
thankfulness. But I leave them both to do the office which
they have undertaken, and to grow up under the shadow of
Mr. Pryn; God knows to what.
3. It was told me by a man of good credit, that was present
and heard it, that my name coming in question among some
gentlemen, after divers had spoken their thoughts of me, and
not all one way, a Parliament-man being there, was pleased
to say, that I was now an old man, and it would be happy
both for me and the Parliament, that God would be pleased
to take me away : and yet I make no doubt, but that if age,
or grief, or faintness of spirit had ended my days, many of
them would have done as Tiberius did in the case of Asinius
Gallus ; that is, Incus arent casus, qui reum abstulissent, ante-
quam cor am convinceretur l : They would cryk out against
this hard chance, that should take away so guilty a person
from public trial, when they were even ready for it. After
this, when a friend of mine bemoaned my case to another
1 [' an archbishop . . . censure.' inserted afterwards, part on opp. page.]
2 [' Fellow ' originally written ' sometimes Fellow ']
3 [' But he ... rest.' in marg.] * [' in all places.' on opp. page.]
« [Thomas Grice was elected to S. numb. 943, pp. 55 seq.)]
John's College in 1605, from Merch. b [Grice had died prior to Aug. 9,
Tailors' School (see Wilson's Hist, of 1637, when his successor was appointed
Merch, Tailors' School, p. 1191) ; and-, (Newcourt, Eepert. vol. i. p. 689).]
July 1, 1617, was admitted Rector of ! " Scilicet (plus quam) mcdio tri-
hitlington, Middlesex (Newcourt, enniodefuittempussubeundijudicium
Repert. vol. i. p. 689). Archbishop consular! seni." — Tacit. Annal. lib. 6.
Sancroft remarks on this • passage : [cap. 23. This note is a continuation
' Of Mr. Thomas Grice, see the papers of the passage quoted in the text.]
concerning the Mastership of S. John k ' have cried '
Baptist College.' (See Lamb. MSS.
OF ARCHBISHOP LAUD. 49
Parliament-man (of whom I had deserved very well) and said,
he knew I was a good man : the Parliament-man replied,
' Be he never so good, we must now make him ill for our
own sakes.' What the meaning of these speeches is, let
understanding men judge. And even during my trial, some
citizens of London were heard to say, that indeed I answered
many things very well : but yet I must suffer somewhat for
the ' honour of the House/
4. So all my hopes now, under God, lay wholly on the
honour and justice of the Lords. Yet seeing how fierce many
of the people were against me, and how they had clamoured
in other cases, and that Mr. Pryn was set up at once to
mischief and to scorn me, and foreseeing how full of reproaches
my trial was like to be ; I had a strong temptation in me,
rather to desert my defence, and put myself into the hands
of God's mercy, than endure them. But when I considered
what offence I should commit thereby l against the course of
justice, that that might not proceed in the ordinary way ;
what offence against my own innocency and my good name,
which I was bound both in nature and conscience to maintain
by all good means, which by deserting my cause could not
be ; but especially, what offence against God, as if He were
not able to protect me, or not willing, in case it stood with
my eternal happiness 2, and His blessed will of trial of me in
the meantime ; I say when I considered this, I humbly
besought God for strength and patience, and resolved to
undergo all scorns, and whatsoever else might happen to me,
rather than betray my innocency to the malice of any.
5. And though my hopes under God were upon the Lords,
yet when my trial came on, it did somewhat trouble me, to
see so few Lords in that great House. For at the greatest
presence that was any day of my hearing, there were not
218 above fourteen, and usually not above eleven or twelve. Of
these, one-third part at least, each day took, or had occasion
to be gone, before the charge of the day was half given. I
never had any one day the same Lords all present at my
defence in the afternoon, that were at my charge in the
morning : some leading Lords scarce present at my charge,
four days of all my long trial, nor three at my defence : and
1 ['thereby' interlined.] 2 [' happiness' on opposite page.]
LAUD. — VOT,. iv.
50 HISTORY OF THE TROUBLES AND TRIAL
which is most, no one Lord present at my whole trial, but the
Right Honourable the Lord Gray of Wark1, the Speaker,
without whose presence it could not be a House. (101) In
this case I stood in regard of my honourable judges.
6. When my hearing came on, usually my charge was in
giving till almost two of the clock. Then I was commanded
to withdraw ; and upon my humble petition fur time to
answer, I had no more given me, than till four the same
afternoon • scarce time enough advisedly to peruse the evi
dence : my counsel not suffered to come to me, till I had
made my answer, nor any friend else, but my solicitor, Mr.
Dell, to help turn my papers, and my warder of the Tower,
to sit by to look to this. And this was not the least cause *,
why I was at first accused of no less than treason ; Ne quis
necessariorum juvaret periclitantem, majestatis crimina subde-
bantur m, as it fell out in Silanus his case, who had more guilt
about him (yet not of treason 2) than (God be thanked) I
have ; but was prosecuted with like malice, as appears in that
story 3. At four o* clock *, or after, the House sat again ;
and I made my answer : and if I produced any witness, he
was not suffered to be sworn ; so it was but like a testimony
at large, which the Lords might the more freely believe, or
not believe, as they pleased. After my answer, one, or more
of the Committee, replied upon me. By that time all was
done, it was usually half an hour past seven. Then in the 5
heat of the year (when it overtook me G) I was 7 presently to
go by water to the Tower, full of weariness, and with a shirt
as wet to my back with sweat, as the water could have made
it, had I fallen in : yet I humbly thank God for it, He so
preserved my health, as that though I were 8 weary and faint
the day after, yet I never had so much as half an hour's
headache, or other infirmity, all the time of this comfortless
and tedious trial.
' cause,' originally written ' reason/]
' yet . . . treason ' interlined.]
' And this . . . story.' on opposite page.]
' o' clock,' interlined.] 5 [' the ' interlined.]
'me' interlined.]
' I was' originally written 'I was divers nights']
"' I were' originally written ' I was nev.']
1 [Sir William Grey, created Baron m Tacit. Annal. lib. iii. [cnp. 67.]
Grey of Warke, Feb. 11, 1624.]
OF ARCHBISHOP LAUD. 51
7. Now for the method, which I shall hold in this History
of my trial, it shall be this. I will set down the evidence
given on each day, by itself, and my answer to it. But
whereas all the evidence was given together, and so my whole
answer after; to avoid all looking back, and trouble of turn
ing leaves to compare the answer with the evidence, I will set
down each 1 particular evidence, and my answer to it, and so
all along, that the indifferent reader may without further
trouble see the force of the one, and the satisfaction given in
the other, and how far every particular is from treason 2.
And if 1 add any thing 3 to my answers in any place, either
it is because in the shortness of time then given me to make
my * answer, it came not to my present 5 thoughts ; or if it
did, yet I forbare to speak it with that sharpness ; holding it
neither fit nor safe in my condition, to provoke either my
accusers or my judges. And whatsoever is so added by me,
in either of these respects, the reader shall find it thus marked
in the margent, as here it stands in this n.
219 8. Nor did I wrong Mr. Pryn, where I say, fthat for all
the haste to put in my answer, Jaiiua. 22, he could not make
this broken business so soon ready against me :' for 'tis well
known, he kept a kind of school of instruction for such of the
witnesses as he durst trust, that they might be sure to speak
home to the purpose he would have them. And this an
utter barrister, a man of good credit, knows ; who in the
hearing of men 6 beyond exception, said, ' The Archbishop is
a stranger to me, but Mr. Pryn's tampering about the wit
nesses is 7 so palpable and foul, that I cannot but pity him
and cry shame of it.' When I heard this, I sent to this
1 [' each' originally written 'the'] - [-'and . . . treason.' in marg.]
3 ['thing' interlined.] 4 ['make my' interlined.]
5 ['present' interlined.]
6 [' hearing of men ' originally written ' hearing of others, men ']
7 [' is ' originally written ' was ']
"Note, that where entire set speeches recapitulation of his answer, or iii-
were made by the Archbishop, although serted in writing the History. — PI.W.
spoken by him at the Bar, the same [The Archbishop had here inserted in-
marks are put to it. But wheresoever verted commas (") in the margin,
those marks are found in the History, These will be retained at the beginning
from the second to the last day of the and end of the ' set speeches,' and of
trial inclusive, the words to which the additions made by the Archbishop,
they are affixed were not spoken at the and not all through them as origU
Bar at that time, but either added nally printed.]
afterwards by the Archbi hop at the
52 HISTORY OF THE TROUBLES AND TRIAL
gentleman, to know if lie tendered my case so far, as to
witness it before the Lords. The answer I received was,
that the thing was true, and that very indignation of it made
him speak : but heartily prayed me, I would not produce him
as a witness ; for if I did, the times were such, he should be
utterly undone : and 'tis not hard to guess by whom. Upon
this I consulted some friends ; and upon regard of his safety
on the one side, and my own doubt, lest if forced to his
undoing, he might through fear, blanch and mince the truth,
to my own prejudice, who produced him, I forbare the
business, and left Mr. Pryn to the bar of Christ, whose
mercy give him repentance, and amend him. But upon my
Christianity0 this story is truth.
0 [This expression noted by Archbishop Bancroft, as if not approved of.]
OF ARCHBISHOP LAUD. 53
220 CAP- XXII.
THE FIRST DAY OF MY HEARING1.
AND now I come to Tuesday, March 12., the day appointed Mar. 12,
for my trial to begin; and begin it did. When I was come, DicSi°
and settled at the bar, Sergeant Wilde made a solemn speech
for introduction. I had a character given me before of this
gentleman, which I will forbear to express ; but in this speech
of his, and his future proceedings with me, I found it exactly
true. His speech my decayed memory cannot give you at
large ; but a skeleton of it I here present, according to such
limnes 2, as my brief notes then taken can now call to my
memory a.
He began, and told the Lords, that the children, which I
had travailed with, were now come to the birth ; and that my
actions were so foul, and my (102) treason so great, as that
the like could not be read in any history ; nay so great, as
that nullus poeta fingere, no poet could ever fain the like :
and that if all treason were lost, and not to be found in any
author what it is, it might be recovered and found out in me
and my actions ; with divers pieces of Latin sentences to this
effect. And though these high and loud expressions troubled
me much at the present : yet I could not but think, that in 3
this cento of his he was much like one of them which cry up
and down the city, ' Have you any old ends of gold and
silver?'
1 [These headings are in the margin in the original MS.]
2 [' limnes' originally written ' lymes of it '] 3 [' that in' in margin.]
a See a relation of what then passed, which request, on the showing of Mr.
before Wild began his speech, apud Maynard, who argued against it, was
Rushw. p. 827, and Wild's speech en- refused. The Archbishop then re
tire, ibid. p. 828, &c. and in Pryn's quested that the articles which con-
Compl. Hist. p. 51, &c. [The sub- tained matters of treason might be
stance of what passed was to this effect : severed from the rest : which Maynard
The several Articles of Impeachment opposed, because they were met to
were read, and the Archbishop's an- examine matters of fact and not of
swer, plea, and demurrer; and after- law, and because all the Articles toge-
Avards the Archbishop requested that ther, not each Article by itself, made
he might answer the charge as a whole, up the treason with which the Arch-
and not each day's evidence separately ; bishop was charged.]
54 HISTORY OF TliE TROUBLES AND TRIAL
DiePrimo. After this he proceeded to give reasons why I was not
sooner proceeded against, having noAv lain by it above three
years. The first reason he gave, was the ' distractions of the
time.' And they indeed were now grown great ; but the dis
tractions which were now, can be no argument why I was
not proceeded against at the beginning of the Parliament l,
when things were in some better quiet. His second reason
was the ' death of some persons V But this could be no
reason at all : for if the 2 persons he speaks of were witnesses
against me, more might die 3, but the dead could not be made
alive again by this delay; unless Mr. Sergeant had some
hope, the resurrection might have been by this time, that so
he might have produced them. And if the persons \vere
Members of the House of Commons, as all men know Mr.
Pym was in the chair for preparation of my trial ; then this
is known too, that Mr. Pym came up to the Committee of
Lords full of great hopes, to prove God knows what against
me. The persons to be examined 4, wrerc William, Ld. Bp. of
London c, and Matthew, Ld. Bp. of Ely d, my very wrorthy
friends, and men like to know as much of me as any men.
A lord then present told me, there were some eighteen or
nineteen Interrogatories 5, upon which these bishops were to
be examined against me, concerning my intercourse with
Rome; but all were built upon the first, which was their
knowledge of the man who, it seems, was thought to be my 221
chief agent in that secret. But both the bishops denying
upon their oaths, that they, or either of them ever knew any
such man, all the rest of the interrogatories, what relations
he had to me, and the like, must needs fall to nothing, as
they did : and the lord told me further, he never saw Mr.
Pym and the rest so c abashed at anything in his life. After
this Mr. Pym (as 'tis well known) gave over that chair,
1 [' of the Parliament' in margin.] 2 [' the ' originally written 'those ']
3 [' die/ originally written ' die by this putting off,']
4 [' examined/ originally written 'examined against me/]
5 [' Interrogatories/ originally written ' Articles/] 6 [' so ' orig. ' more ']
b " The death and dispersion of our Archbishop of Canterbury.]
witnesses, the loss of some of our d [Matthew Wren ; after undergoing
members, who have been employed the severest persecutions, he was re-
and taken pains in this business." So stored in 1660 to his bishopric, and
Wild's Speech apud Pryn, p. 51. died in 1667.]
' [William Juxon, at the restoration
OF ARCHBISHOP LAUD. 55
despairing to do that against me which was desired. His Die Primo.
third reason was a good large one, and that was ' other im
pediments e.} And that's true, some impediments there were,
no doubt, or else I had come sooner to hearing. And, as I
conceive, a chief impediment was, that there was not a man
whose malice would make him diligent enough to search into
such a forsaken business, till Mr. Pryn offered himself to that
service : for I think I may be confident, that l that honourable
arid great House would not seek any man out of their own
body for any such employment 2, had not suit, some way or
other, been made for it.
After these reasons given for the delay of my trial, he fell
upon me again as foul as at first ; as, that I was the author
of all the extravagants in the Government, and of all the
concussions in the State ; that the quality of my person
aggravated my crime ; that my abilities and gifts were great,
but that 1 perverted them all; and that I was guilty of
' treason in the highest altitude V These were the liveries
which he liberally gave me, but I had no mind to wear them.
And yet I might not desire him to wear this cloth himself,
considering where I then stood, and in what condition.
This ' treason in the altitude/ he said, was in my endeavour
to alter the religion established by law, and to subvert the
laws themselves ; and that to effect these I left no way unat-
temptcd. For religion, he told the Lords, that I laboured a
reconciliation with Rome ; that I maintained Popish and
Arminian opinions ; that I suffered traiisubstantiation st
justification by merits, purgatory, and what not, to be openly
preached all over the kingdom ; that I induced superstitious
ceremonies, as consecrations of churches and chalices, and
pictures of Christ in glass windows h ; that I gave liberty to
the profanation of the Lord's-day; that I held intelligence
1 ['confident, that' in margin.]
2 ['for any such employment/ on opposite page.]
e " The multitude of diversions, tioned in Wild's Speech, apud Pryn,
which we have had and have daily." p. 52.
So Wild's Speech, ibid. h The particular ceremonies charged
f " Treason in the highest pitch and with Popery and superstition, are not
altitude." So Wild's Speech, p. 52. named in Wild's Speech, ibid.
s Traiisubstantiation is not men-
56 111STOHY 01' THE TROUBLES AND Till A. L
Die Primo. with cardinals and priests, and endeavoured to ascend to
papal dignity, — offers being made me to be a cardinal.
And for the laws, he was altogether as wild in his asser
tions, as he was before for religion. And if he : have no
more true sense of religion, than he 2 hath knowledge in the
la\v, (though it be his profession,) I think he may offer both
long enough to sale 3 1, before he find a chapman for either.
(103) And here he told the Lords, that I held the same
method for this, which I did for religion. And surely that
was to uphold both, had the kingdom been so happy as to
believe me. But he affirmed (with great confidence) •>, that
I caused sermons to be preached in Court to set the King's
prerogative above the law, and books to be printed to the
same effect ; that my actions were according to these. Then
he fell upon the Canons, and discharged them upon me.
Then, that I might be guilty enough, (if his bare word could 222
make me so,) he charged upon me the benevolence, the loan,
the ship-money, the illegal pulling down of buildings, inclo-
sures ; saying, that as Antichrist sets himself above all that
is called God, so I laboured to set the King above all that is
called law. And after a tedious stir, he concluded his speech
with this, That I was like Naaman the Syrian, a great
person (he confessed), but a leper. So ended this noble
Celeustes 4 *.
I was much troubled to see myself in such an honourable
assembly made so vile. Yet, seeing all men's eyes upon me,
I recollected myself, and humbly desired of the Lords two
things : " One, that they would expect proof, before they 5
give up their belief to these loud but loose assertions ; espe
cially, since it is an easy thing for men, so resolved, to
conviciate, instead of accusing ; when as the rule given by
Optatus holds firm, Quum intenditur crimen^, when a crime
is objected, (especially so high a crime as this charged on
' if he ' originally ' he '] 2 [ ' he ' interlined.]
' to sale,' in marg.]
' this noble Celeustes.' originally ' this Celeustes.']
'they' interlined.]
' [These two expressions are noted Speech, apud Pryn; but only some
by Archbishop Bancroft.] general invectives and accusations to
J None of the particulars, which this purpose. — H. \V.
follow to the end, (save the conclusive k Optat. lib. vi. cont. Parmeni-
sentence,) are to be found in Wild's anum, [p 114. Paris. 1679.]
Olr ARCHBISHOP LAUD. 57
me,) 'tis necessary that the proof be manifest, which yet DiePrimo.
against me is none at all. The other, that their Lps. would l
give me leave, not to answer this gentleman's particulars,
(for that I shall defer till I hear his proofs,) but to speak
some few things concerning myself, and this grievous im
peachment brought up against me.""
Which being yielded unto me, I then spake as follows ' :—
" My Lords, — My being in this place and in this condi
tion, recalls to my memory that which I long since read in
Seneca : Tormentum est} etiamsi absolutm quis faerit, causam
dixisse m : 'Tis not a grief only, no, 'tis no less than a torment,
for an ingenuous man to plead criminally, much more capi
tally", at such a bar as this ; yea, though it should so fall out,
that he be absolved. The great truth of this I find at present
in myself; and so much the more, because I am a Christian ;
and not that only, but in Holy Orders; and not so only, but
by God's grace and goodness preferred to the greatest place
this Church affords; and yet now brought, causam dicere,
to plead, and for no less than life, at this great bar. And
whatsoever the world thinks of me, (and they have been
taught to think more ° ill than, I humbly thank Christ for
it, I was ever acquainted with,) yet, my Lords, this I find,
tormentum est, 'tis no less than torment to me to appear in
this place to such an accusation.
" Nay, my Lords, give me leave, I beseech you, to speak
plain truth. No sentence, that can justly pass upon me, (and
other I will never fear from your Lps.,) can go so near me as
causam dixisse, to have pleaded for myself upon this occasion
and in this place. For as for the sentence, (I thank God for
it,) I am at2 St. Paul's ward : ' If I have committed anything
worthy of death, I refuse not to die P ; ' for I bless God, I have
so spent my time, as that I am neither ashamed to live, nor
1 [' their Lps. would' originally 'your Lps. will 'J
2 [' at ' interlined.]
1 This Speech is extant also in £c."J
Rushw. p. 830, &c.; Heylin, p. 516, m Sen. lib.vi. de Benef. c. 28. [p.
&c.; Pryn, p. 53, &c. [IT. Wharton's 293. Bipont. 1782.]
note in the marg. of the MS. is this : n ' capitally or criminally,' Rush-
" An imperfect copy of this Speech is worth and Pryn.
published by Mr.Prynn, in his History ° 'much more ' Rushw. and Pryn.
of the Trial, p. 51, £c., and from him F Acts xxv. 11.
by Dr. Heylin, in Cypr. Angl. p. 516,
58 HISTORY OF THE TROUBLES AND TRIAL
Die Primo. afraid to die. Nor can the world be more weary of me, than
I am of it ; for seeing the malignity which hath been raised
against me by some men, I have carried my life in my hands
these divers years past. But yet, my Lords, if none of
these things, whereof these men accuse me, merit death by
law; though I may not in this case, and from this bar, appeal 2.23
unto Cresar; yet to your Lordships' justice and integrity,
I both may, and do appeal ; not doubting, but that God of
His goodness will preserve my innocency. And as Job, in
the midst of his affliction, said to his mistaken friends, so
shall I to my accusers: 'God forbid I should justify you;
till I die I will not remove my integrity from me ; I will
hold it fast, and not let it go ; my heart shall not reproach
me, as long as I live*1/
" My Lords, I sec by the Articles, and have now heard
from this gentleman, that the charge against me is divided
into two main heads : r the laws of the land, and the religion
by those laws established.
" For the laws first, I think I may safely say, I have been,
to my understanding, as strict an observer of them all the
days of my life, so far as they concern me, as any man hath;
and since I came into place, I have followed them, and been
as much guided by them, as any (104) man that sat where
I had the honour to sit. And for this I am sorry I have lost
the witness 9 of the Lord Keeper Coventry, and of some other
persons of honour, since dead. And the learned Counsel
at law, which attended frequently at the Council-table, can
witness (some of them*) that in references to that Board,
and in debates arising at the Board, I was usually for that
part of the cause where I found law to be. And if the
counsel desired to have their client's cause referred to the
law, (well I might move in some cases for charity, or con
science, to have admittance, but) to the law I left them, if
thither they would go. And how such a carriage as this
through the whole course of my life, in private and public,
can stand with an intention, nay a practice to overthrow the
2 ['client's' originally 'counsell']
i Job. xxvii. 5. s ' testimony ' Bush, and Pryn.
r ' an endeavour to subvert' [added l 'here present' Heylin, and P.u?h.
by] Rush, and Pryn. and Pryn.
OF ARCHBISHOP 'LAUD. 59
law, and to introduce an arbitrary government, which my DiePrimo.
soul hath always hated, I cannot yet see. And His now
many years since I learned of my great master (in humanis),
Aristotle", Periculosum esse ; that it is a very dangerous
thing to trust to the will of the judge, rather than the written
law. And all kingdoms and commonwealths have followed
his judgment ever since ; and the school-disputes have not
dissented from itv.
" Nay more, I have ever heen of opinion, that human laws
bind the conscience, and have accordingly made conscience
of observing them. And this doctrine I have constantly
preached, as occasion hath been offered me. And how is it
possible I should seek to overthrow those laws, which I held
myself bound in conscience to keep and observe ? Especially,
since an endeavour to overthrow law, is a far greater crime
than to break or disobey any particular law whatsoever ; all
particulars being swept away in that general. And, my
Lords, that this is my judgment, both of parliaments and
laws; I beseech your Lordships that I may read a short
passage in * my book against Fisher the Jesuit, which was
printed and published to the world before these troubles fell
on me, and before I could so much as suspect this charge
could come against me; and therefore could not be pur
posely written to serve any turn *." (I had leave, and did
read it ; but for brevity's sake refer the reader to the book
itself1.)
" As for religion, I was born and bred up in, and under
the Church of England, as it yet stands established by law.
I have, by God's blessing and the favour of my Prince,
grown up in it to the years which are now upon me, and to
the place of preferment which I yet^ bear. And in this
Church, by the grace and goodness of God, I resolve to die.
1 ['in'
2 ['ant
originally 'out']
and therefore . . . turn.' on opposite page.]
u Arist, ii. Polit. c. 7, 8. [The two v Tho. ii. 2se. q. 60. Ar. 5. [The
passages referred to, are the following : ' Conclnsio ' of this Article is ; " Neces-
&i6irtpovKatiToyvu(j.<Ji'Q>sl3€\TlovKpli>(iv, sarium est, quodvis judicium semper
aAAot Kara rd ypd/j.ua,Ta Kal TOVS VO/JLOVS. sccundum legis scripturam fieri."]
—Cap. vii. (al. ix.) p. (38. Oxon. 1810. * Confer, with Fisher, § 26. num.
And, To /i?? Kara ypd^ara dpxfiv, d\\' 14. p. 211. [Lond. 1639.; pp. 234, 235.
atiToyif(0fj.6v(a$, liri(j<pa.\ti. — Cap. viii. of the present edition.]
(al. x) p. 73.] y 'now' Kush. and Pryn.
GO HISTORY 0V THE TROUBLES AND TiUAL
Die Prime. "I have, ever since I understood aught in Divinity, kept
one constant tenor in this my profession, without variation
or shifting from one opinion to another, for any worldly
ends. And if my conscience would have suffered me to shift
tenets in religion with time and occasion, I could easily have
slid through all the difficulties which have pressed upon me
in this kind. But, of l all diseases, I have ever hated a palsy
in religion z ; well knowing, that too often a dead-palsy ends
that disease, in the fearful forgetfulness of God and His
judgments.
"Ever since I came in place, I laboured nothing more,
than that the external public worship of God (too a much
slighted in most parts of this kingdom) might be preserved,
and that with as much decency and uniformity as might be ;
being still of opinion, that unity cannot long continue in the
Church, where uniformity is shut out at the church door.
And I evidently saw, that the public neglect of God's service
in the outward face of it, and the nasty lying of many places
dedicated to that service, had almost cast a damp upon the
true and inward worship of God ; which, while we live in the
body, needs external helps, and all little enough to keep it in
any vigour. And this I did to 2 the uttermost of my know
ledge, according both to law and canon, and with the
consent and liking of the people. Nor did any command
issue out from me against the one, or without the other, that
I know of.
" Further, my Lords, give me leave, I beseech you, to tell
you3b this also : That I have as little acquaintance with recu
sants of any sort, as I believe any man of place in England
hathc. And for my kindred, no one of them was ever a
recusant, but Sir William Webb, grandchild to my uncle
Sir W. Webb, sometimes Ld. Mayor of London ; and him d,
with some of his children, I reduced back again to the
Church of England, as is well known, and I as able to prove.
1 ['of interlined.] 2 ['did to' originally 'did according to']
3 [' to tell you ' originally written ' to acquaint you with ']
z ' held a palsy, &c. most dan- Pryn.
gerous ;' Rushw. e ' my place hath or ever had since
a ' so ' Rush, and Pryn. the Reformation.' Rush, and Pryn.
h 'acquaint you with' Rush, and ri ' since which,' Rush, and Pryn.
OP AKCHBISIIOP LAUD. (51
' ' One thing more I humbly desire may be thought on : Die Prime,
'tis this ; I am fallen into a great deal of obloquy in matter
of religion, and that so (105) far, as that 'tis charged in the
Articles, that I have endeavoured to advance and bring in
Popery. Perhaps, my Lords, I am not ignorant what party
of men have raised this scandal upon me, nor for what end,
nor perhaps by whom set on. But, howsoever, I would fain
have a good reason given me, (if my conscience lead me e
that way, and that with my conscience I could subscribe to
the Church of Rome,) what should have kept me here (before
my imprisonment) to endure the libels f, and the slanders,
and the base usage in all kinds, which have been put upon
me, — and these to end in this question for my life. I say,
I would fain know a good reason of this.
225 " For first, my Lords, is it because of any pledges I have
in the world to sway me against my conscience ? No, sure.
For I have nor wife nor children, to cry out upon me to stay
with them ; and if I had, I hope the call of my conscience
should be. heard above them.
" Or, secondly, is it because I was loth to leave the honour
and the profit of the place ' I was risen unto ? Surely no :
for I desire your Lordships and all the world else should
know, I do much scorn honour and profit, both the one
and the other, in comparison of my conscience. Besides, it
cannot be imagined by any reasonable man, but that if I
could have complied with Rome, I should not have wanted
either 2 honour or profit. And suppose I could not have
so much of either, as here I had, yet sure, would my con
science have served me that way, less of either with my
conscience would have prevailed with me, more than greater
against my conscience.
" Or, thirdly, is it because I lived here at ease, and was
loth to venture the loss of that ? Not so neither : for what
soever the world may be pleased to think of me, I have led
a very painful life, and such as I could have been very well
content to change, had I well known how. And had my
conscience led * me that way, I am sure I might have lived at
1 ['place' interlined.] 2 ['either' originally written ' both']
e ' stood ' Rush, and Pryn. * < served ' Rush, and Pryn.
f 'libelling,' Rush, and Pryn.
62 HISTORY OF THE TROUBLES AND TRIAL
DiePrimo. far more ease; and either have avoided the barbarous libel-
lings, and other bitter and grievous scorns which I have here
endured, or at the least been out of the hearing of them.
Nay, my Lords, I am as l innocent in this business of religion,
as2 free from all practice, or so much as thought of practice
for any alteration to Popery, or any way blemishing the true
Protestant religion established in the Church of England, as
I was when my mother first bare me into the world. And let
nothing be spoken against me but truth, and I do here chal
lenge whatsoever is between heaven and hell, to say their
worst against me in point of my religion : in which, by God's
grace, I have ever hated dissimulation ; and had I not hated
it, perhaps it might have been better with me for worldly
safety, than now it is. But it can no way become a Christian
bishop to halt with God.
" Lastly, if I had any purpose to blast the true religion
established in the Church of England, and to introduce
Popery ; sure I took a very wrong way to it. For, my Lords,
I have stayed as many h that were going to Home, and reduced
as many1 that were already gone, as (I believe) any bishop
or other minister in this kingdom hath done ; and some of
them men 3 of great abilities, and some of them k persons of
great place. And is this the way, my Lords, to introduce
Popery ? I beseech your Lps., consider it well. For surely,
if I had blemished the true Protestant religion, I could not
have settled such men in it 4 : and if I had purposed l to
introduce Popery, I would never have reduced such men
from it.
" And though it please the author of the ' Popish Koyal
Favourite/ to say, ( That scarce one of the swaying lord
prelates is able to say, that ever he converted one papist to
our religion m ;' yet how void of charity this speech of his is,
and how full of falsehood, shall appear by the number of
1 [' as ' originally written ' so '] 2 [' as ' orig. written ' so ']
3 ['men' originally written ' persons']
4 [' I could ... in it :' originally written, 'how could I have settled' &c.]
h ' more ' Rush, and Pryn. Favo. p. 71. [This is Archbishop
5 ' more ' Rush, and Pryn. Laud's own note.] Pryn, in printing
k ' men of great abilities, and some' the Archbishop's Speech, omitteth this
Rush, and Pryn. whole passage concerning himself. —
1 ' promised ' Rush, and Pryn. H. W.
m W. Pryn in his Popish Royal
OF ARCHBISHOP LAUD. 63
those persons, whom, by God's blessing upon my labours, Die Primo.
I have settled in the true Protestant religion established in
226 England : and with your Lps'. leave, I shall name them, that
you may see both their number and their condition ; though
I cannot set them down in that order of time, in which I
either converted or settled them.
" 1. And first, Hen. Birkhead of Trinity Coll. in Oxford11,
was seduced by a Jesuit, and brought up to London to be
conveyed beyond the seas. His friends complained to me :
I had the happiness to find him out, and the blessing from
God to settle his conscience. So he returned to Oxford, and
there continued °.
"2.\Two daughters of Sir Rich. Lechford in Surrey1'
3. J were sent to sea to be carried to a nunnery. I
heard of it, and caused them to be brought back, before they
were got out of the Thames. I settled their consciences, and
both of them sent me great thanks, since I was a prisoner in
the Tower.
(106) " 4.1 Two scholars of St. John's Coll. in Cambridge,
5. /Topping and Ashton, had slipped away from
the College, and here at London had got the French ambas
sador's pass, (I have the pass to show) : I found means to get
them to me, and I thank God settled both their minds, sent
them back to their College. Afterwards hearing of Topping's
wants, I allowed him means till I procured him a Fellowship 1 :
and he is at this time a very hopeful young man r, as most of
his time in that University, a minister, and chaplain in house
n [Henry Birkhead, or Birchhead, dence to affirm in the margin of his
afterwards elected Fellow of All Souls book, that this convert of the Arch-
College by Archbishop Laud's influ- bishop's was " the author of all the
ence. He retained his Fellowship libellous Popish Oxford Aulicus's," al-
during the Rebellion, but resigned it though he knew full well, that his
at the Restoration, and became Regis- name was John Birkenhead ; and adds,
trar of the Diocese of Norwich. He that at the naming of this convert,
was the founder of the Professorship most of the lords and auditors smiled ;
of Poetry. (Wood, Ath. Ox. iv. 573.)] but saith not one word of the Arch-
0 See Rushworth, p. 832, who re- bishop's correction of their mistake. —
lateth, that when some of the Lords, H. W. [Henry Wharton is mistaken
hearing the name of Birkenhead, and in this remark of his relating to
imagining him to be the author of the Prynne (see Prynne's Cant. Doom,
Oxford Aulicus, smiled at it; the p. 55.)]
Archbishop taking notice of it, stopped P [Of Shelwood in that county.]
and assured the Lords, that he meant « ' in St. John's :' Rush, and Pryn.
not him, but another person of like r [He held his Fellowship till he
name. Yet after all, Pryn, in pub- was ejected by the Engagement,
lishing this speech, hath the impu- (Walker's Sufferings, par. ii. p. 150.)]
6-1 HISTORY OF THE TROUBLES AND TRIAL
Die Primo. at this present to the Right Honourable the Earl of West
morland s.
" 6.^1 Sir Wi. Webb my kinsman, and two of his daugh-
7. rters; and the better to secure them in religion, I
8. J was at the charge (their father being utterly decayed1)
to marry them l to two religious Protestants ; and they both
continued very constant. 9. And his eldest son I took from
him, placed him with a careful divine11, maintained him
divers years, and then settled him with a gentleman of good
worth.
" 10. 1 The next, in4 my remembrance, was the Lord Maio,
ll.J of Ireland v, who, with another gentleman (whose
name I cannot recal), was brought to me to Fulham, by Mr.
Jefford*, a servant of his Majesty's, and well known to divers
of your Lordships.
" 12. The Right Honourable the Ld. Duke of Buckingham
was almost lost from the Church of England, between the
continual cunning labours of Fisher the Jesuit, and the per
suasions of the Lady his mother * z. After some miscarriages,
King James of ever blessed memory commanded me to that
service. I had God's blessing upon me so far, as to settle my
Ld. Duke to his death. 13. And I brought the Lady his
mother a to the Church again ; but she was not so happy as to
continue with us.
" 14. The Lady Marquis (sic) Hamilton b was much solicited
by some priests, and much troublecljn mind about it. My
Ld. spake with me of it; and though at that present I was 227
so overlaid with business, that I could not (as I much desired)
1 ['them' interlined.]
s [Mildmay Fane, second Earl of * ' Chesford,' Rush, and Pryn.
Westmoreland.] f ' and sister.' Rush, and Pryn.
1 [He was supported in a measure z [Mary, the widow of Sir George Vil-
by the Archbishop, as appears from a liers, Countess of Buckingham in her
receipt given by him to the Arch- own right : after her first husband's
bishop for 2QL, endorsed in the Arch- death she married, first, Sir William
bishop's own hand, now preserved in Rayner, and secondly, Sir Thomas
the Tanner MSS. vol. Ixx. fol. 100.] Compton.]
u [Thomas Webbe, placed under the n ' Right Honourable the Countess
charge of Bancroft, Bishop of Oxford. of Buckingham,' Rush, and Pryn.
See Hist, of Chancellorship, p. 261 b [Lady Mary Feilding, daughter of
of this Edit.] William Earl of Denbigh, by Susanna
v [Prynne terms him, in his mar- sister to George Duke of Bucking-
ginal note, 'a great actor in the ham. She married James Duke of
late Irish Rebellion against the Pro- Hamilton.]
testants.']
OF ARCHBISHOP LAUD. 65
wait upon that honourable person myself; yet I told my Ld. DiePrimo.
I would send one to his Lp., that should diligently attend
that service, and that I would give him the best direction
I could. And this I did, and, God be thanked, she died very
quietly, and very religiously, and a good Protestant : and
my Lord Marquis told me, he had acknowledged this service
of mine to an honourable lord, whom I now see present.
"15. Mr. Chillingworth's c learning and abilities are suffi
ciently known to all your Lordships. He was gone, and
settled at Doway. My letters brought him back; and he
lived and died a defender of the Church of England. And
that this is so, your Lps. cannot but know : for Mr. Pryn took
away l my letters, and all the papers which concerned him,
and they were examined at the Committee d.
" 16.1 Mr. Digby was a priest; and Mr. James Gentleman6,
17.J a schoolmaster in a recusant's house. This latter
was brought to me by a minister (as far as I remember) in
Buckinghamshire. I converted both of them, and they remain
settled.
" 18. Dr. Hart, a civilian f, son to a neighbour of mine at
Fulham. He was so far gone, that he had written part of his
' Motives' which wrought, as he said, that change in him.
I got sight of them ; showed him wherein he was deceived ;
had God's blessing to settle his conscience ; and then caused
an able divine to answer his ' Motives/ and give him the copy.
" 19. There were beside these, Mr. Christopher Sebum,
a gentleman of an ancient family in Herefordshire ; and Sir
Wi. Spencer of Yarnton in Oxfordshire %.
" 20.') The sons and heirs of Mr. Wintchome h, and Mr.
21.J Williscot1, whom I sent with their friends' good
1 ['took away' in margin.]
c "A desperate apostate-papist; Mr. prefixed to his Works. It may be
Cheynel's sermon at his funeral in- stated, however, that there are in MSS.
forms us how good a Protestant he Lamb. Numb. 943, pp. 857 — 935, se-
lived and died." Thus godly Will, veral papers relating to Chillingworth,
Pryn in his marginal note on this and some of his own letters.]
place, p. 56. [There are several other e 'a gentleman,' Rushw. and Pryn.
marginal notes by Prynne in the * [This was probably Rich. Hart of
same style, which it is not thought Alban Hall.]
worth while to introduce.] « [The second baronet. The baro-
d [It is not necessary to give any netcy is now extinct.]
account of so well known a person as h ' Winchcomb,' Rushw. and Pryn.
Chillingworth. Antony Wood's Me- ! ' Wollescot,' Rushw. and Pryn.
moir may be consulted, and the Life
LAUD. — VOL. iv.
66 HISTORY OF THE TROUBLES AND TRIAL
DiePrimo. liking to Wadham College in Oxford; and I received a certi
ficate, anno 1638, of their continuing in conformity to the
Church of England : nor did ever any of these relapse again
to Rome, but only the old Countess of Buckingham, and Sir
Wi. Spencer, that ever I heard ofk. .And if any of your
Lordships doubt of the truth of any of these particulars, I am
able and ready l to bring full proof of them all. And by this
time I hope it appears, ' that one 2 of the swaying prelates of
the time is 3 able to say, he hath converted one papist to the
Protestant religion/ And let 4 any clergyman of England 5
come forth, and give a better account of his zeal to this
present Church.
" And now, my Lords, with my most humble thanks for
your Lps/ favour and patience in hearing me, I shall cease
to be further troublesome for the present ; not doubting but
I shall be 6 able to answer whatever shall be particularly
objected against me."
(107) After I had ended this speech, I was commanded to
withdraw. As I went from the bar, there was Alderman Hoyle
of York1, and some other, which I knew not, very angry,
and saying, it was a very strange conversion that I was like
to make of them ; with other terms of scorn. I went patiently
into the little Committee-chamber at the entering into the
House. Thither Mr. Peters m followed me in great haste,
and began to give me ill language, and told me that he, and 228
other ministers, were able to name thousands, that they had
converted n. I knew him not, as having never seen him (to
my remembrance) in my life, though I had heard enough of
1 ['and ready' in margin.] 2 ['one' originally written 'some']
3 ['is' originally written 'was']
* [' And let' originally written ' And now let ']
['of England' in margin.] 6 [' be ' interlined.]
k ' It being only in God's power, Montaigne, and became Lecturer of
not mine, to preserve them from re- S. Sepulchre's; till he was obliged, on
lapse.' Rushw. and Pryn. Note, that account of his profligate conduct, to
the vulgar copies of this speech, printed leave England. On his return, he
in Rush. &c., are very different from took so active a part with the factious
this, being taken from the Arch- party, particularly in the King's death,
bishop's mouth as he spoke ; this from that he was especially excepted from
the original, as he wrote it. — H. W. the Act of Pardon, and was hung and
1 [Thomas Hoyle, M.P. for the city quartered in 1660.]
of York.] n 'Hundreds of real converts to
m [This notorious person, Hugh Christ, for every one of his pretended
Peters, was originally an actor ; he ones, and that himself had converted
was afterwards ordained by Bishop above 120 papists.' Pryn, p. 56.
OP ARCHBISHOP LAUD. 67
him. And as I was going to answer him, one of my counsel, Die Prime.
Mr. Hearn, seeing how violently he began, stepped between
us, and told him of his uncivil carriage towards me in my
affliction : and indeed he came as if he would have struck me.
By this time, some occasion brought the E. of Essex into that
room, and Mr. Hearn complained to him of Mr. Peters his
usage of me ; who very honourably checked him for it, and
sent him forth. Not long after l, Mr. Hearn was set upon
by Alderman Hoyle, and used as coarsely as Peters had used
me, and (as far as I remember) only for being of counsel with
such a one as I ; though he was assigned to that office by
the Lords.
What put them into this choler, I know not ; unless they
were angry to hear me say so much in my own defence ;
especially for the conversion of so many, which I think they
little expected. For the next day a great lord met a friend
of mine, and grew very angry with him 2 about me ; not for
bearing to ask what I meant, to name the particulars, which
I had mentioned in the end of my speech, saying, many godly
ministers had done more. And not long after this, (the day
I now remember not,) Mr. Peters 3 came and preached at
Lambeth, and there told them in the pulpit, that a great
prelate, their neighbour, (or in words to that effect,) had
bragged in the Parliament-house, that he had converted
two-and-twenty ; but that he had wisdom enough, not to tell
how many thousands he had perverted; with much more
abuse. God of His mercy relieve me from these reproaches,
and lay not these men's causeless malice to their charge.
After a little stay, I received my dismission for that time,
and a command to appear again the next day at nine in the
morning ; which was my usual hour to attend, though I was
seldom called into the House in two hours after.
1 ['after,' interlined.] 2 ['him' interlined.]
3 [' Mr. Peters' interlined.]
JP 2
68 HISTORY OF THE TROUBLES AND TRIAL
CAP. XXIII. 229
THE SECOND DAY OF MY HEARING.
Mar. 13, 1 CAME as commanded. But here before the charge begins,
J,64£- dDie I shall set down the Article^, upon which, according to the
order of March 9, they which were entrusted with the evi
dence, meant this day to proceed. They were the first and
second original Articles, and the second additional Article ;
which follow in these words : —
1. That he hath traitorously endeavoured to subvert the
fundamental laws and government of the kingdom of
England, and instead thereof, to introduce an arbitrary
and tyrannical government against law ; and to that end
hath wickedly and traitorously advised his Majesty, that
he might at his own will and pleasure levy and take
m,oney of his subjects, without their consent in Parlia
ment ; and this he affirmed was warrantable by the law
of God.
2. He hath for the better accomplishment of that his trai
torous design, advised and procured divers sermons and
other discourses to be preached, printed, and published :
in which the authority of Parliaments, and the force of
the laws of the kingdom, are denied, and an absolute a,nd
unlimited power over the persons and estates of his
Majesty's subjects is maintained and defended, not only
in the King, but also in himself and other bishops, above
and against the law ; and he hath been a great protector,
favourer, and promoter of the publishers of such false and
pernicious opinions.
Second additional Article : —
2. That within the space of ten years last past, the said
Archbishop hath treacherously endeavoured to subvert the
OF ARCHBISHOP LAUD. 69
fundamental laws of this realm ; and to that end hath Die
in like manner endeavoured to advance the power of the e
Council- table, the Canons of the Church, and the King's
prerogative, above the laws and statutes of the realm.
And for manifestation thereof, about six years last past,
being then a privy counsellor to his Majesty, and sitting
at the Council-table, he said, ' That as long as he sat
there, they should know that an order of that Board
should be of equal force with a law or act of Parlia
ment.' And at another time used these words, f That he
(108) hoped ere long, that the Canons of the Church and
the King's prerogative should be of as great power as an
Act of Parliament.' And at another time said, ' That
those which would not yield to the King's power, he would
crush them to pieces.'
.^30 These three Articles they begun with ; and the first man
appointed to begin was Mr. Maynard. And after some
general things against me, as if I were the most violent man
for all illegal ways ; the first particular charged against me 1 1.
was out of my Diary. The words these : ' The King declared
his resolution for a Parliament in case of the Scottish Re
bellion. The first movers of it were my Lord Deputy of
Ireland, the Lord Marquis Hamilton, and myself. And a
resolution voted at the Board, to assist the King in extra
ordinary ways, if the Parliament should prove peevish, and
refuse, &c.a' The time was Decemb. 5, 1639. That which
was enforced from these words was, first, that I bestowed
the epithet ( peevish ' upon the Parliament ; and the second,
that this voting fto assist the King in extraordinary ways,
in case the Parliament refused/ proceeded from my counsel.
1. To this I replied : And first I humbly desired o nee for
all 2, that all things concerning law may be saved entire unto
me, and my Counsel to be heard in every such particular.
2. Secondly, That the epithet ' peevish' was a very peevish
word, if written by me. " I say, ' if : ' for I know into whose
•'F
the first . . . against me ' in marg.]
once for all,' in marg.]
[See vol. Hi. p. 233.]
70 HISTORY OP THE TROUBLES AND TRIAL
Die hands my book is fallen ; but what hath been done with it
I know not. This is to be seen, some passages in that
book are half burnt out b, whether purposely, or by chance,
God knows : and some other papers taken by the same
hand from me, are now wanting. Is it not possible there
fore some art may be used in this ? " Besides, if I did use
the word ' peevish,' it was in my private pocket-book, which
I well hoped should never be made public; and then no
disgrace thereby affixed to the a Parliament. And I hope,
should a man forget himself in such an expression of some
passage in some one Parliament, (and this was no more,) it 2
is far short of anything that can be called 3 treason. Aud
yet further, most manifest it is in the very words themselves,
that I do not bestow the title upon that Parliament, in that
case ; but say only, ' if it should prove peevish ;' which is
possible, doubtless, that in some particulars a Parliament
may : though for the happiness of this kingdom, I would to
God it were impossible. But suppose the word ' peevish' had
been 4 absolutely spoken by me ; is it lawful upon record to
say the Parliament an. 42 Hen. III. was insanum Parlia-
mentum, a mad Parliament; and that in the 6 Hen. IV.
indoctum, an unlearned Parliament ; and that in the 4 Hen.
VI. a Parliament of clubs c ? And shall it be high treason
in me to say a Parliament in some one particular was
peevish ? or but to suppose if it were ? Can any man think,
that an unlearned, or a mad Parliament, or one of clubs, did
not do something peevishly? Might my predecessor, Tho.
Arundel, tell the Commons openly in Parliament, that their
petitions were sacrilegious d ? And may not I so much as
suppose some one action of a Parliament to be peevish, but
it shall be treason ? May an ordinary historian say of
that unlearned Parliament, that the Commons were fit to
enter common with their cattle e, for any virtue they had
1 ['the' interlined.] 2 ['it' interlined.]
3 [' anything . . . called ' on opposite page.]
4 [' had been ' originally ' were ']
b [See vol. iii. p. 235.] d Speed, in Hen. IV. § 42. [p. 619.
c Sir Ed. Cook, Inst. p. 3. c. 1. [p. 2. col. 1. Lond. 1611.]
Lond. 1648.] e Ibid, [infra.]
OF ARCHBISHOP LAUD. 71
more than brute beasts ? And may not I in my private notes Die
write the word ' peevish ' of them without treason l ? Secundo.
231 3. Thirdly, Whereas 'tis said, ' That the voting at the
Council-table to assist the King in extraordinary ways, if
&c., was by my counsel :' there is no such thing in my Diary.
There is, that I with others advised a Parliament : but there
is not one word, that the voting mentioned at the Council-
table proceeded from any advice of mine. So there is no
proof from my Diary ; " and other proof beside that, was not
so much as urged; which was not in favour, but because
they had it not. For had they had any other proof, I see
already, it should not have been lost for want of urging 2."
Where, I desired their Lps. also to observe, in what a diffi
culty I have lived with some men, who will needs make me
a great enemy to Parliaments, and yet are angry with me,
that I was one with others who moved for that Parliament.
So it seems, nothing that I do can content some men, for
a Parliament, or against it ; nothing must be well, if the
counsel be mine.
4. Fourthly, For ' the voting of assistance in extraordi
nary ways/ I was included in the general vote of the Table ;
and therefore that cannot be called or accounted my counsel.
5. Fifthly, It is expressed in my Diary, whence all this
proof is taken, that it was in and for the Scottish business,
and so is within the Act of Oblivion f. " And these answers
I gave to Mr. Brown, when, in the summing -up of the
charge against me in the honourable House of Commons,
he made this to be my counsel to the King : and he began
with it, in his charging of the points against law V
The second particular this day charged against me, was, II.
That after the ending of the late Parliament, I did use these
words to the King, ( That now he might use his own power/
or words to that effect. This was attested by Sir Henry Vane
the elder, then a counsellor, and presents.
1 [' But suppose the word . . . treason ]' on opposite page.]
2 [' For had they . . . urging.' on opposite page.]
3 ['Fourthly, . . . against law.' on a separate paper.]
f [See above, p. 45.] order of the House, he being too ill to
e [The examination of Sir H. Vane attend. The substance of the evidence
had been taken by Commission, by is given in Lords' Journals, March 13.]
72 HISTORY OF THE TROUBLES AND TRIAL
l>ie 1. To this my answer was, That I spake not these words,
Secundo. .A, . ,,
either 111 terms, or in sense, to the uttermost of my memory.
2. Secondly, If I had spoken these words, either they
were ill-advised words, but no treason ; and then they come
not home to the charge : or they are treasonable, and then
I ought by law to have been tried within six months1'.
" Mr. Brown, in his reply to me in the House of Commons,
said, That this statute expired with the Queen, because it
concerned none but her, and the heirs of her body. I had
here urged Sir Edward Coke1, as urging this statute, and
commending the moderation of it. But I was therein mis
taken, for he speaks of 1 Eliz. c. iJ And that statute is in
force, and is for trial within six months, for such crimes as
are within that statute. So it comes all to one for my cause,
so either of the statutes be in force. And to this charge in
general, I gave the same answers which are here l."
3. Thirdly, Sir Hen. Vane is in this a single witness ;
whereas by law, he that is accused of treason, must be
convicted by two witnesses, or his own confession without
violence k; neither of which is in this case : t( And strange it
is to me, that at such a full Table, no person of honour
should remember such a speech, but Sir Henry Vane *."
4. Fourthly, Both this and the former charge relate to the 232
Scottish business, and so are within the Act of Oblivion,
which I have pleaded.
" Besides, here is nothing expressed in the words charged,
which savours of practice, conspiracy, combination of force ;
and cannot therefore (109) possibly be adjudged treason;
especially since there is no expression made in the words
witnessed, what power is meant. For what should hinder
the King to use his own power, but legal still ; since nothing
is so properly a King's own power, as that which is made or
declared his own by law. As for the 3 inference, That < this
was called his own, in opposition to law:' first, Sir Henry
1 [' Mr. Brown, . . . are here.' inserted afterwards, mostly on a separate
paper.]
2 ['And strange . . . Vane.' inserted afterwards, mostly on a separate paper!
3 ['the' interlined.]
11 1 Eliz. c. 6. § antepenult. c. 12. [§ 19.]
1 Part 4. Instit. c. 74. [p. 324.] k 1 Ed. VI. c. 12. § ult. and 1 Eliz
i 1 Eliz. c. 1. [§ 31.] and 1 Ed. VI. c. 6. § ult.
OF ARCHBISHOP LAUD. 73
Vane is a witness to the words only, and not to any infe- Die
renoe : so the words have but one witness, and the l inference (
none. And perhaps it were as well for themselves, as for
persons questioned in great courts, if they who are employed
about the evidence would be more sparing of their inferences ;
many men laying hold of them without reason or proof1.
" Lastly, for the honour of Sir Henry Vane let me not
forget this ; he is a man of some years, and memory is one
of the first powers 2 of man on which age works ; and yet
his memory so good, so fresh, that he alone can remember
words spoken at a full Council-table, which no person of
honour remembers but himself. Had any man else remem
bered such words, he could not have stood single in this
testimony. But I would not have him brag of it : for I have
read in St. Augustin m, that quidam pessimi, some, even the
worst of men, have great memories, and are tanto pejores, so
much the worse for having them. God bless Sir Henry."
I have stayed the longer upon these two, because they
were apprehended to be of more weight than most which
follow. The next was a head containing my illegal pressures
for money, under which the next particular was3, That in III.
the case of ship-money I was very angry against one Samuel
Sherman of Dedham in Essex. That I should say Dedham
was a maritime town : and that when the sum demanded of
him 4 was named, I should say, a proper sum ; whereas the
distress came to eleven subsidies n.
To this I answered : First, here was no proof but Sher
man ; and in his own cause.
Secondly, he himself says no more, than that 'he believes'
I was the instrument of his oppression (as he called it) :
whereas his censure was laid upon him by the Council-table,
riot by me ; nor was I in any other fault, than that I was
1 [' the ' interlined.] a ['powers' originally written ' things']
3 [' The next . . . was/ on opposite page. Originally written, ' The third
particular was/] 4 [' demanded of him ' in margin.]
1 The dreadful licence of inferences minus possunt, quod male cogitanfc,
among our English pleaders in cases oblivisci." — S.] Aug. 1. vii. de Civ.
of death. — Speed, in H. VII. § 61. Dei, c. 3. [Op., torn. vii. col. 266. B.]
[p. 746. col. 1.] n [The sum demanded of the town
m [" Quidam vero pessimi memoria of Dedham was 206?. (See Lords'
sunt mirabili, tanto pejores, quanto Journals.)]
74 HISTORY OF THE TROUBLES AND TRIAL
Die present, and gave my vote with the rest. So here's no proof
Secundo. ,, 7 , -, . -, n. ~
at all, but his belief.
" Lastly, here can be no treason, but against Dedham, or
Sherman, that I can discover."
IV. The next to Sherman comes in my great friend, Alderman
Atkins ; and he testifies, That when he was brought to the
Council- table, about the ship-money, none was so violent
against him as I was, and that this pressure for ship-money
was before the Judges had given sentence for the King1. And
that at another time I pressed him hard to lend money, the
King being present : at which time he conceived that I 233
favoured Alderman Harrison for country sake; because him
self Avas committed, and not the other2.
To this I must confess, I did use to be serious and zealous
too in his Majesty's service ; but not with any the least
intention to violate law. And if this here instanced were
before the judgment given for the King, yet it was long after
the Judges had put the legality of it under their hands0.
And I for my part could not conceive the Judges would put
that under their hands to be law, which should after be found
unlawful. Therefore in this, as I erred with honourable com
pany at the Council-table, so both they and I had, as we
thought, sufficient guides to lead us.
As for the partiality which he puts upon me in preserving
my countryman, Alderman Harrison, from prison : First, he
himself durst not affirm it upon his oath, but says only that
' he conceives ; I favoured him ; but his conceit is no proof.
Secondly, if I had favoured him, and done him that office,
'tis far short of treason. But the truth is, Alderman Harrison
gave a modest and a civil answer ; but this man was rough,
even to unmannerliness, and, so far as I remember, was
committed for that.
" And whereas he says, I pressed him hard to lend money,
and that none was so violent as I ; he is much mistaken.
For of all men in that fraternity, I durst never press him
hard for anything, least of all for money. For I knew not
1 ['and that . . . King-.' on opposite page.]
2 [Here originally added, but erased. ' And that this for ship-money.']
0 [The Judges had delivered their not delivered against Hampden till
opinion on the legality of ship-money June 14, 1638. (See Rush worth's Col-
February 163£; but judgment was lections, vol. ii. pp. 355, 600.)]
OF ARCHBISHOP LAUD. 75
what stuffing might fly out of so full a cushion, as afterwards, Die
'tis said1, there did, when, being a2 colonel, he was pressed, Secundo-
but not hard, in a little skirmishing in Finsbury Fields?."
Then it was urged, that I aggravated a crime against V.
Alderman Chambers, and told him, that if the King had
many such chambers, he would have never a chamber to rest
in : that in the case of tonnage and poundage he laboured to
take bread from the King q : and that I pressed upon him in
the business of coat and conduct-money.
(110) To this I gave this answer, That by the affection
Mr. Chambers then showed the King, I had some reason to
think, he desired so many chambers to his use3, that if the
King had many such subjects, he might want a chamber for
himself; or to that effect4 : and the violence of his carriage
in that honourable assembly gave just occasion to other men
to think so. But as for the business of tonnage and poundage13,
and of coat and conduct-money, I conceived both were lawful
on the King's part. And I was led into this opinion by the
express judgment of some lords present, and the silence of
others in that behalf; none of the great lawyers at the table
contradicting either : and no witness to this but Alderman
Chambers himself.
The sixth particular was, That5 I urged the business of VI.
ship-money upon Alderman Adams r.
To this my answer was, That I never pressed the ship-
money but as other lords did at the Council-table, nor upon
other grounds : nor doth Aid. Adams say any more, than that
he was pressed to this payment ' by me and others/ And to
me it seems strange, and will, I hope, to all men else, that
234 this, and the like, should be a common act of the Lords at
the Council- table, but should be high treason in nobody but
in me. And howsoever, if it be treason, 'tis against three
aldermen, Atkins, Chambers, and Adams.
The seventh particular was, That I was so violent about VII.
[' 'tis said,' in marg.] 2 [' a ' interlined.]
3 ['his use,' in marg. Originally written ' himself/]
* ['or to that effect:' in marg.] 5 [' That ' interlined.]
P [Archbishop Bancroft terms this 1 [See Kushworth's Collections, vol.
' an unsavoury passage,' and remarks i. p. 639, and vol. ii. p. 9.]
on the quibble subsequently made on r [ Addams and Warner were Sheriffs
Alderman Chambers'* name.] of London, 1639, 1640.]
76 HISTOllY OF THE TROUBLES AND TRIAL
Pie the slighting of the King's proclamations, as that I said,
feccundo. „
A proclamation was ot as great force, or equal to a statute-
law : and that I compared the King to the stone spoken of in
the Gospel, that * Whosoever falls upon it shall be broken ;
but upon whomsoever it falls, it will grind him to powder8/
And for this they brought three witnesses, Mr. Griffin, and
Tho. Wood, and Rich. Hayles1*.
1. This was in the case of the soap-business, and the two"
witnesses were soap-boilers. They and their Company slighted
all the proclamations which the King set out2 : and all the
Lords in the Star- Chamber were much offended (as I conceive
they had great reason to be) at the great and open daring of
that whole Company. And whatsoever sentence passed upon
them in that whole business, was given3 by the Court of
Star-Chamber, not by me.
For the words ; First, these men have good memories,
that can punctually, being plain ordinary men, swear words
spoken full twelve years since : and yet, as good as their
memory is, they swear doubtfully touching the time ; as that
the words were spoken in May 1632 or 33.
2. Secondly, my Lords, 'tis impossible these \\ords should
be spoken by me. For I think no man in this honourable
presence thinks me so ignorant, as that I should not know
the vast difference that is between an Act of Parliament and
a Proclamation. Neither can these gentlemen which press
the evidence think me so wilfully foolish so to speak, con
sidering they accuse me here for a cunning delinquent. " So
God forgive these men the falsehood and the malice of 'this
oath*."
3. For the words spoken of the stone in Scripture, 'tis so
long since, I cannot recal whether I said it or no ; nor have
I any great reason to believe these 5 angry witnesses in their
own cause. But if, by way of allusion, I did apply that place
to the King and them, 'tis far enough from treason. " And
' and Kich. Hayles.' in marg.]
'concerning that business' erased.] 3 ['given ' interlined.]
' the falsehood . . . oath.' on opposite page.
' these ' originally written ' these two ']
8 S. Mat. xxi. 44. Hay.']
1 [The names as given in the Lords' u 'two of the'
Journals are ' Griffith, Woodstock, and
OF AUCHBISHOP LAUD. 77
let them, and their like, take heed lest it prove true upon Die
themselves : for seldom do subjects fall upon their king, but Secundo-
in the end they are broken ; and if it so happen that he falls
upon them, they are ground to powder." And Salomon
taught me this answer, where he says, ' The anger of a king
is death V And yet I would not be mistaken. For I do
not conceive this is spoken of a king and his natural anger
(though it be good wisdom to stir as little passion in kings as
- may be) ; but of his legal anger : according to which, if the
stone roll strictly, few men can so live, but for something or
other they may be in danger of grinding.
4. And for these soap-boilers, they have little cause to be
so vehement against me. For if the sentence passed against
them in the Star-Chamber ^ were in anything illegal, though
it were done by that court, and not by me ; yet I alone, so
soon as I heard but muttering of it, was the only means of
resettling them and their trade, " which none of all the
Lords else took care of. And the sum of these answers I
gave to Mr. Browne, when he gave up the sum of his charge
against me1."
235 The next particular was about depopulations. A Commis- VIII.
sion of Grace, to compound with some delinquents in that
kind, was issued under the broad seal to some Lords and
other persons of honour of the Council, of which I wras one.
One Mr. Talboys was called thither. And the charge about
this was, that when he pleaded, that by statute 39 Eliz.z he
might convert some to pasture, I should say, ' Do you plead
law here ? Either abide the order, or take your trial at the
Star-Chamber:' and that he was fined 50/.
In this particular, Mr. Talboys is single, and in his own
cause; (111) but I was single at no sitting of that Commis
sion : nor did I ever sit unless the Lord Privy Seal and Mr.
Secretary Coke were present ; that we might have direction
from their knowledge and experience.
And for the words, (if spoken,) they were not to derogate
from the law; but to show, that we sat not there as any
1 [' took care of ... against me.' on opposite page.]
Prov. xvi. 14. iii. Append, p. 109.]
[See Rush worth's Collections, vol. « [39 Eliz. cap. ii.]
78 HISTORY OF THE TROUBLES AND TRIAL
Die judges of the law, but to offer his Majesty's grace to such as
Secundo. J .A
would accept it.
As for the fine mentioned, we imposed none upon him or
any other, but by the consent of the parties themselves. If
any man thought he was not faulty, and would not accept of
the favour showed him, we left him to the law. But the plain
truth is, this gentleman, being tenant to the Dean and Chapter
of Christ-Church in Oxford, offered them, as they conceived,
great wrong in the land he held of them ; insomuch as l they
feared other their tenants might follow his example, and
therefore complained of him. And because I laid open his
usage of his landlords before the Commissioners, he comes
here to vent his spleen against me. " And 'tis observable,
that in all the business of depopulations, in which so many
appeared, no one complained, either against me or any other
lord, but only this Talboys. Mr. Browne, when he pressed
the sum of this charge against me, added, that at the Council-
table I was for all illegal projects, as well as for these in-
closures. But first, I was neither for this nor any other, either
longer or otherwise than I understood them to be lawful.
c5
And secondly, I opposed there the business of salt and the
base money ; and I alone took off that of the malt, and the
brewing : and three gentlemen of Hertfordshire (which county
was principally concerned in the case of the malt) came over
to Lambeth to give me thanks for it2."
IX. Then was charged upon me the printing of books, which
asserted the King's prerogative above law, &c. The instance
was in Dr. CowelFs book, verbo, Rex a : that this book was
decried by proclamation13; that complaint was made to me3,
that this book was printing in a close house, without licence 4,
and by Hodgkinson, who was my printer ; that I referred
1 [' as ' interlined.]
2 ['pressed the sum . . . thanks for it.' on opposite page.]
3 ['made to me' originally written 'made to me of this. That I referred
it to Sir ,To. Lambe,'] 4 ['without licence,' in marg.]
• No such word there sure : it should King, it was called in by Proclamation,
be ' Prserogativa Regis.'— W. S. A. C. March 26, 161f (Wood, F. 0. i. 289).
b [Cowell's ' Interpreter ? was first From a paper preserved in Tanner's
published in 1607 : it remained for a MSS., vol. Ixvii. p. 25, it appears that
long time uncensured, but offence the edition referred to in the text was
being afterwards taken at it for assert- called in by an order signed by Laud
ing the unlimited prerogative of the and others, on October 8, 1638.]
OF ARCHBISHOP LAUD. 79
them to Sir John Lambe ; that they came to me again, and Die
a third time, and I still continued my reference ; which Sir S<
John Lambe slighting, the book came forth. The witnesses to
this were Hunt and Walyec, if I mistook not their names'1.
1. For this book of Dr. Cowell's, I never knew of it till
it was printed, or so far gone on in printing that I could not
stay it : and the witnesses say, ' it was in a close house, and
without licence / so neither I nor my chaplains could take
notice of it.
236 2, They say, they informed me of it, but name no time,
but only the year 1638. But they confess I was then at
Croydon : so being out of town (as were almost all the High
Commissioners) I required Sir Jo. Lambe, who, being a High
Commissioner, had in that business as much power as myself,
to look to it carefully, that the book proceeded not ; or if it
were already printed, that it came not forth. If Sir John
slighted his own duty and my command (as themselves say),
he is living, and may answer for himself; and I hope your
Lps. will not put his neglect upon my account.
3. As for Hodgkinson, he was never my printer J ; but
Badger was the man whom I employed, as is well known to
all the stationers. Nor was Hodgkinson ever employed by
me in that kind or any other : upon just complaint, I turned
him out of a place, but never put him into any : and there
fore those terms which were put upon me, of ' my Hodgkin
son/ and ' my Sir Jo. Lambe/ might have been spared. Sir
John was indeed Dean 2 of the Arches, and I employed him,
as other Archbishops did the Deans which were in their
times ; otherwise no way mine : and Hodgkinson had his
whole dependence on Sir Henry Martin, and was a mere
stranger to me. t( And this answer I gave to Mr. Browne,
when he summed up the charge. Nor could any danger be
in the printing of that book to mislead any man : because it
was generally made known by proclamation that it was a
1 ['my printer ;' originally written 'printer, as']
2 [' indeed Dean ' originally written ' indeed my Dean ']
e [Walye was Clerk at Stationers' Journals are ' Hunscot and Wally.'
Hall, mentioned several times by Joseph Hunscot was a principal printer
Prynne in Cant. Doom.] of the day.]
d [The names as given in the Lords'
80 HISTORY OF THE TROUBLES AND TRIAL
Die book condemned, and in such particulars : but for other
Secundo. 4.1,: XT_ _ t i_ r.-i i c »
X. The next charge was, That when Dr. Gill, Schoolmaster of
Paul's School, in London f, was warned out by the Mercers
(to the care of which Company that school some way belongs8),
upon Dr. Gill's petition to the King, there was a reference to
some other lords and myself to hear the business. The
charge is, that at this hearing I should say, the Mercers
might not put out Dr. Gill without his Ordinary's knowledge ;
and that upon mention made of an Act of Parliament, I
should reply, ' I see nothing will down with you but Acts of
Parliament ; no regard at all of the Canons of the Church :'
and that I should further add, ' That I would rescind all Acts
which were against the Canons ; and that I hoped shortly to
see the Canons and the King's prerogative of equal force with
an Act of Parliament.7
To this I answered ; That if all this charge were true, yet
this is but the single testimony of Samuel Bland11, an officer
belonging to the Company of the Mercers, and no small
stickler against Dr. Gill, whose aged reverend father had
done that Company great service in that school for many
years together *.
The reference, he grants, was to me and others : so I
neither thrust myself into the business, nor was alone in it.
And as there is a canon of this Church, That no man may
be allowed to teach school, but by the bishop of the diocese J ;
so, a paritate rationis, it (112) stands good, they may not
turn him out without the said2 bishop's knowledge and appro-
1 ['Nor could . . . useful.' on opposite page,] 2 [' said' interlined.]
e [The book afterwards went through remitted. He was removed from the
several editions; in 1672, 1684, 1701 school in 1640, which is the circum-
(edited by White Kennet), and 1709 stance referred to in the text]
(Wood, F. 0. i. 289).] * [They were appointed trustees.
f [It appears from two letters of See Knight's Life of Colet, Append.
Joseph Mede, quoted by Ant. Wood p. 335.]
(Ath. Ox. iii. 43), that Alexander Gill h [He is called ' Matthew Bland ' in
had been censured in the Star-Cham- Lords' Journals.]
ber, in Nov. 1628, for some offensive * [Alexander Gill, the elder, a scholar
language against the King, and sen- of Corpus Christi College, Oxford, suc-
tenced to be degraded, and to suffer ceeded Rich. Mulcaster (Bishop An-
fme and corporal punishment ; but drewes's schoolmaster) at S. Paul's
that on the intercession of Laud, then School, in 1608, and died Nov. 17,
Bishop of London, the fine was miti- 1635. (Wood, Ath. Ox. ii. 597.)]
gated, and the corporal punishment i Can. 77.
OF ARCHBISHOP LAUD. 81
bation. And 'tis expressed in another canon, f That if any Die
schoolmaster offend in any of the premises' (there spoken of) Secundo<
' he shall be admonished by his Ordinary ; and if he do not
amend upon that his admonition, he shall then be suspended
237 from teaching k:' which, I think, makes the case plain, that
the Mercers might not turn out Dr. Gill without so much as
the knowledge of his Bishop.
And for the words, that ' I saw nothing would down with
them but an Act of Parliament, and that no regard was had
to the Canons ;' I humbly conceive there was no offence in
the words. For though ' the superiority by far in this kingdom
belongs to the Acts of Parliament, yet some regard doubtless
is, or ought to be had, to the Canons of the Church. " And
if nothing will down with men but Acts of Parliament, the
government cannot be held up in many particulars."
For the other words, God forgive this witness ; for I am
well assured, I neither did nor could speak them. For is it
so much as probable, that I should say, ' I would rescind all
Acts that are against the Canons ? ' What power have I, or
any particular man, to rescind Acts of Parliament ? Nor do
I think any man that knows me, will believe I could be such
a fool as to say, that ' I hoped shortly to see the Canons and
the King's prerogative equal to Acts of Parliament;' since
I have lived to see (and that often) many Canons rejected, as
contrary to the custom of the place ; as in choice of parish-
clerks, and about 2 the reparation of some churches ; and the
King's prerogative discussed and weighed by law : neither of
which hath or can be done by any judges to an Act of Par
liament. "That there is malice in this man against me3,
appears plainly ; but upon what 'tis grounded, I cannot tell ;
unless it be that in this business of Dr. Gill, and in some
other about placing lecturers, (which in some cases this Com
pany of the Mercers took on them to do l,) I opposing it so
far as law and canon would give me leave, crossed some way
either his opinion in religion or his purse-profit. I was,
I confess, so much moved at the unworthiness of this man's
1 ['though' interlined.] 2 [' about' in marg.]
3 [' That . . . me,' on opposite page. Originally written, ' What the malice
of this man is,']
k Can. 79.
1 [See Accounts of Province for 1633, Works, vol. v. p. 321.]
LAUD.— VOL. iv.
8.2 HISTORY OF THE TROUBLES AND TRIAL
Die testimony, that I thought to bind this sin upon his soulra, not
to be forgiven him till he did publicly ask me forgiveness for
this notorious public wrong done me. But, by God's good
ness, I mastered myself; and I heartily desire God to give
him a sense of this sin against me His poor servant, and
forgive him." And if these words could possibly escape me,
and be within the danger of that statute ; then to that
statute, which requires my trial within six months, I refer
myself.
XI. The eleventh charge of this day was the imprisonment of
Mr. George Wakern, about a sermon of his, preached to
prove (as he said) that 'tis sin to obey the greatest monarchs
in things which are1 against the command of God : that I had
notes of his sermons for four or five years together, of pur
pose to entrap him ; that I told his Majesty he was factious ;
that Sir Dudly Carltoii ° writ to keep him close ; that in this
affliction I protested to do him kindness, and yet did
contrary.
My answer was, That for the scope of his sermon, ' to obey
God rather than man/ no man doubts but it ought to be so,
when the commands are opposite. But his sermon was
viewed, and many factious passages, and of high nature, found
in it. And yet I did not tell the King he was factious, but
that he was so complained of to me ; and this was openly at
the Council-table.
And whereas he speaks of notes of his sermons for divers 238
years, with a purpose to entrap him ; all that he says is, that
'* he was told so/ but produces not by whom. And truly,
I never had any such notes, nor ever used any such art
against any man in my life. For his commitment, it was
done by the Council-table ; and after, upon some carriage of
his there, by the Court of Star- Chamber, not by me ; nor
can that be imputed to me, which is done there by the major
1 [' in things which are' in margin ]
m [Abp. Sancroft notes this passage, Evangelist, London, April 29, 1614.
as though he considered it too severe.] In 1643, he was one of the Assembly
n f. ' Walker.' of Divines, and died in 1651. See
[George Walker, termed by Wood more of him in Abp Laud's Accounts
(F. 0. i. 399) "a learned person, an of his Province for the year 1635,
excellent logician, orientalian, and (Works, vol. v. p. 332.)]
divine," was admitted to S. John the ° [Clerk to the Council.]
OF ARCHBISHOP LAUD. 83
part, and I having no negative. And if Sir Dudly Carlton Die
writ to keep him close at his brother's house, contrary to the
Lds'. order, let him answer it ; and if he supposes that was
done by me, why is not Sir Dudly examined to try that
truth ? As for the ' protestation ' which he says I made to his
wife and his brother, that I complained not against him; it
was no denial of my complaint made against him at the first,
that I heard he was factious; but that after the time, in
which I had seen the full testimony of grave ministers in
London that he was not factious, I made no complaint after
that, but did my best to free him. And the treason in these
two charges is against the Company of the Mercers, and
Mr. Walter.
(113) The next charge was1, that Dr. ManwaringP having XII.
been censured by the Lords in Parliament for a sermon of
his against the liberty and propriety of the subject, was yet
after this preferred by me, in contempt of the Parliament-
censure, both to the deanery of Worcester (* and the bishopric
of St. David's1'; and my own Diary witnesses that I was
complained of in Parliament for it ; and that yet after this
I did consecrate him bishop.
1, To this I answered, that he was not preferred by me to
either of these; and therefore, that2 could not be done in
contempt of the Parliament-censure, which was not done at
all. For as for St. David's, 'tis confessed Secretary Winde-
bank signified the King's pleasure, not I. And whereas it
was added, that this was by my means ; that is only said, but
not proved. And- for Worcester, there is no proof but the
Docket-book : now, my Lords, 'tis well known in Court that
the Docket doth but signify the King's pleasure for such a
bill to be drawn ; it never mentions who procured the pre
ferment : so that the Docket can be no proof at all against
me ; and other there's none.
2. For the sermon, 'tis true, I was complained of in Par
liament, that I had been the cause of licensing it to the
1 [' was,' interlined.] 2 [' that ' interlined.]
p [See vol. iii. p. 207, notes h '.] May, seems to be incorrect.]
i [Nominated Oct. 28, 1633. (Ry- r [The Conge" d'elire was issued Jan.
mer, Feed. VIII. iv. 67.) The statement 4, 1635 ; he was elected Jan. 19 ; con-
in Le Neve that he was nominated in firmed Feb. 26 ; consecrated Feb. 28.]
G 2
84 HISTORY OF THE TROUBLES AND TRIAL
Die press ; and 'tis as true, that upon that complaint I was nar~
>ecundo. row]y sifted ; and an honourable Ld. now present, and the
L. Bishop of Lincoln9, were sent to Bishop Mountain*, who
licensed the sermon, to examine and see whether any warrant
had come from me, or any message. But when nothing
appeared, I was acquitted in open Parliament; "to some
body's no small grief. God forgive them, and their malice
against me; for, to my knowledge, my ruin was then thirsted
for. And, as I answered Mr. Brown's summary charge, when
he pressed this against me, could this have been proved, I
had been undone long since ; the work had not been now to
be done1."
That he was after consecrated by meu is true likewise ;
and I hope 'tis not expected I should ruin myself, and 239
fall into a Pramunire, by refusing the King's royal assent v ;
and this for fear lest it might be thought I procured his
preferment. But the truth is, his Majesty commanded me
to put him in mind of him when preferments fell, and I did
so : but withal I told his Majesty2 of his censure, and that
I feared ill construction would be made of it.
To this it was replied, That I might have refused to conse
crate, the cause why being sufficient, and justifiable in Par
liament, and excepted in that law. " But how sufficient
soever that cause3 may be in Parliament, if I had been in a
Praemunire therewhile, and lost my liberty and all that I had
beside, for disobeying the royal assent, I believe I should
have had but cold comfort when the next Parliament had
been summoned ; no exception against the man being known
to me, either for life or learning, but only this censure : nor
is there any exception which the Archbishop is by that law
allowed to make, if my book be truly printed4."
XIII. Then followed the charge of Dr. Heylin's book against Mr.
Burton x; out of which it was urged, that an unlimited power
charge . . . done.' on opposite page.]
told his Majesty' originally written 'put his Majesty in mind']
that cause' originally written ' that cause, or any ']
any exception . . . printed.' on opposite page.]
8 [John Williams.! p. 226.]
1 [George Mountain, or Montaigne, v 25 lien. VIII. c. 20, § ult.
then Bishop of London.] * [Henry Barton, of S.Matthew,
u [See Diary, Feb. 28, 1635, vol. iii. Friday-street.]
OF ARCHBISHOP LAUD. 85
was pressed very far; and out of p. 40 ?, ' that a way was Die
found to make the subject free, and the king a subject;' that Sccundo-
this man was preferred by me ; that Dr. Heylin confessed to
a Committee that I commanded him to answer Mr. Burton's
book ; and that my chaplain, Dr. Braye z, licensed it.
I answered as follows : — I did not prefer Dr. Heylin to the
King's service ; it was the E. of Danby, who had taken
honourable care of him before in the University. His pre
ferments I did not procure; for it appears by what hath been
urged against me,, that the Ld. Viscount Dorchester a pro
cured him his parsonage b, and Mr. Secretary Cokec his
prebend in Westminster d.
For his answer to the Committee, that I commanded him
to write against Burton, it was an ingenuous and a true
answer, and became him and his calling well ; for I did so.
" And neither I in commanding, nor he in obeying, did other
than what we had good precedent for in the primitive Church
of Christ. For when some monks had troubled the Church at
Carthage1, but not with half that danger which Mr. Burton's
book threatened to this, Aurelius, then bishop, commanded
St. Aug. to write against it; and he did soe. His words are,
' Aurelius scribere jussit, et feci/ 3 But though I did, as by
my place I might, command him to write and answer, yet I
did neither command nor advise him to insert anything un
sound or unfit. If any such thing be found in it, he must
answer for himself, and the licenser for himself. For as for
1 ['at Carthage/ in marg. Originally written, ' at Hippo,' also in marg.]
y Heylin cont. Burton, [i.e. 'A "• [Dudley Carlcton, created Vis-
briefe and moderate Answer to the count, Dorchester July 25, 1628.]
seditious and scandalous Challenges h [This was to the Rectory of He-
of Henry Burton, late of Friday- mingford, in Hunts. The patronage
streete.'l cap. ii. p. 40. [Lond. 1637.] was disputed by Williams, Bp. of Lin-
z [William Bray was originally of coin, and Heylin did not enjoy the
the Puritan party. He was afterwards benefice. See Life, prefixed to Iley-
patronized by Laud, and appointed lin's Historical Tracts.]
Rector of S. Ethelburga, May 5, c [Sir John Coke ]
1632; Preb. of Mapesbury, in S. Paul's d [He was appointed to the sixth
Ch., June 12, 1632 ; Vicar of S. Mar- stall, vacant by the death of George
tin's-in-the-Fields, March 2, 1632; and Darrell, Nov. 4, 1631, and installed
Prebendary of the first stall in Can- Nov. 6. (Rymer, Feed. VIII. iii. 224,
terbury. He was censured by the and Le IS eve.)]
Parliament for licensing Pockling- e [S.] Aug. [lib.] ii. Retract, c. 21.
ton's Sermons, and enjoined to preach [Op., torn. i. col. 97. C. The work re-
a recantation sermon at S. Margaret's, ferred to is the treatise " De Opere
Westminster.] Monachorum."]
86 HISTORY OF THE TROUBLES AND TRIAL
Die licensing of books, I held the same course which all my prede-
Secundo. 111 11- • ±
cessors had done ; and when any chaplain came new into my
house, I gave him a strict charge in that particular. And in all
my predecessors' times, the chaplains suffered for faults com
mitted, and not their lords ; though now all is heaped on me.
"As for the particular words urged out of Dr. Heylin's book,
p. 40, there is neither expression by them, nor intention in
them, against either the law or any lawful proceedings ; but
they are directed to Mr. Burton and his doctrine only. The
words are, — ' You have found out a way ' (not the law, but
you, Mr. Burton) ' to make the subject free, and the King a 240
subject :' whereas, it would well have beseemed Mr. Burton
to have carried his pen even, at the least, and left the King
his freedom, as well as the subject his V
XIV. (114) From this they proceeded to another charge, which
was, that I preferred chaplains to be about the King and the
Prince, which were disaffected to the public welfare of the
kingdom. The instance was in Dr. Dove l ; and a passage read
out of his book against Mr. Burton ; and it was added, that
the declaring of such disaffection was the best inducement or
bribe to procure them preferment.
To this I then said, and 'tis true, I did never knowingly
prefer any chaplain to the King or Prince, that was ill-affected
to the public. And for Dr. Dove, if he uttered by tongue or
by pen any Such wild speech concerning any members of the
honourable House of Commons, as is urged, thereby to show
his disaffection to the public2, he is living, and I humbly
desire he may answer it. But whereas it was said, ' that this
was the best inducement or bribe to get preferment/ this
might have been spared, had it so pleased the gentleman
which spake it : but I know my condition, and where I am,
and will not lose my patience for language.
1 ['-As for the particular . . . his.' on opposite page.]
2 [' thereby . . . public,' in margin.]
'[Christopher Dowe, the person of a libellous pamphlet of Henry Bur-
here referred to, was of Christ's Col- ton's, intituled, ' An Apologie of an
lege, Cambridge, incorporated at Ox- Appeal,' &c. Lond. 1637." He was
ford July 10, 1621. (Wood, F. 0. i. appointed Hector of All Saints, Has-
399.) The title of his book was, tings, May 4, 1636. (Bymer, Feed. IX.
" Innovations unjustly charged upon ii. 87.) His name is not found in
the present Church and State ; or, an Walker's Sufferings, so that he pro-
Answer to the most material passages bably died shortly after this time.]
OF ARCHBISHOP LAUD. 87
* And whereas His urged, that after this he was named by Die
me to be a chaplain to the Prince his highness, the thing was Secundo-
thus. His Majesty had suit made to him, that the Prince
might have sermons in his own chapel for his family. Here
upon his Majesty, approving the motion, commanded me to
think upon the names of some fit men for that service. I did
so : but before anything was done, I acquainted the Right
Honourable the Ld. Chamberlain, that then was, with it.
My Ld. knew most of the men, and approved the note, and
delivered it to his secretary, Mr. Oldsworth, to swear them.
This was the fact ; and at this time, when I put Dr. Dove's
name into the list, I did not know of any such passage in his
book, nor, indeed, ever heard of it till now. For I had not
read his book, but here and there by snatches.
I am now come (and 'tis time) to the last particular of this XV.
day; and this charge was, the giving of subsidies to the
King in the Convocation, without consent in Parliament;
that the penalties for not paying were strict, and without
appeal, as appears in the Act&; where it is further said, that
f we do this according to the duty which by Scripture we are
bound unto ;' which reflects upon the liberties of Parliaments
in that behalf. But it ^Yas added, they would not meddle
now with the late Canons for anything else, till they came to
their due place.
1. My answer to thte was: That this was1 not my single
act, but the act of the whole Convocation, and could not be
appliable to me only.
2. That this grant was no other, nor in any other way,
mutatis mutandis, than was granted to Queen Elizabeth in
Archbishop Whitgift's time. This grant was also put in
execution, as appeared by the originals which we followed.
These originals (among many other records) were commanded
241 away by the honourable House of Commons, and where they
now are I know not; but for want of them, my defence
cannot be so full.
3. For the circumstances, as ' that the penalties are without
appeal/ and the like, 'tis usual in all such grants. And ' that
1 ['was' interlined.]
[See a copy of the Act in Nalson's Collection, vol. i. pp. 533—537.]
88 HISTORY OF THE TROUBLES AND TRIAL
Die we did it according to our duty and the rules of Scripture/
ecundo. we conceive(j was a fitting expression for ourselves, and men
of our calling ], without giving law to others, or any intention
to violate the law in the least. For thus, I humbly conceive,
lies the mutual relation between the King and his people, by
rules of conscience. The subjects are to supply a full and
honourable maintenance to the King : and the King (when ne
cessities call upon him) is to ask of his people in such a way as
is, perpacta, by law and covenant agreed upon between them,
which in this kingdom is by Parliament ; yet the clergy ever
granting their own at all times. And that this was my judg
ment long before this, appears by a sermon of mine, appointed
to be preached at the opening of the Parliament, in the year
1625 h. My words are, these : — 'If you would have indeed a
flourishing both State and Church, the King must trust and
endear his people, and the people must honour, obey, and
support their King/ &c. This, I hope, is far enough from
derogating from any law; and if I should privately have
spoken anything to him contrary to this, which I had both
preached and printed, how could his Majesty have trusted me
in anything ?
1 [' and men of our calling/ in marg.]
My sermon in Psal. Ixxv. 2, 3, p, 14. [Works, vol. i. p. 99.]
OF ARCHBISHOP LAUD. 89
242 CAP. XXIV.
THIS brought this tedious day to an end. And I x had an Die Tertio.
order the same day to appear again on Saturday, March 16,
1643, with a note also from the Committee which were to
charge me, that they meant then to proceed upon part of the
second additional Article, (115) and upon the third original,
and the third and fifth additional Articles. The second
additional Article is written down before ; and here follow
the rest now mentioned, to be next proceeded upon.
3. The third original is, — He hath by letters, messages,
threats, promises, and divers other ivays, to judges and
other ministers of justice, interrupted and perverted,
and at other times, by the means aforesaid, hath endea
voured to interrupt and pervert the course of justice in his
Majesty's courts at Westminster, and other courts, to
the subversion of the laws of this kingdom; whereby
sundry of his Majesty's subjects have been stopped in
their just suits, and deprived of their lawful rights, and
subjected to his tyrannical will, to their utter ruin and
destruction.
The third and fifth additional follow : —
3. That the said Archbishop, to advance the Canons of the
Church and power ecclesiastical above the law of the land,
and to pervert and hinder the course of justice, hath at
divers times within the said time, by his letters, and other
undue means and solicitations used to judges, opposed and
stopped the granting of his Majesty's writs of2 prohibi
tion, where the same ought to have been granted for stay
of proceedings in the ecclesiastical court, whereby justice
hath been delayed and hindered, and the judges diverted
from doing their duties.
1 [' I' interlined.] 2 [' his Majesty's writs of in margin.]
90 HISTORY OF THE TROUBLES AND TRIAL
Die Tertio. 5. That the said Archbishop, about eight years last past,
being then also a privy-counsellor to his Majesty, for the
end and purpose aforesaid, caused Sir John Corbet, of
Stoke, in the county of Salop, Baronet, then a justice of
peace of the said county l, to be committed to the prison
of the Fleet, where he continued prisoner for the space of
half a year or more, for no other cause but for calling for
the Petition of Right, and causing it to be read at the
sessions of the peace for that county, upon a just and
necessary occasion. And during the time of his said
imprisonment, the said Archbishop, without any colour of
right, by a writing under the seal of his archbishopric,
granted away parcel of the glebe-land of the church oj
Adder ly in the said county, whereof the said Sir Jo.
Corbet was then patron, unto Robert, Viscount Kilmurry,
without the consent of the said Sir John, or the then
incumbent of the said church ; which said Viscount Kil
murry built a chapel upon the said parcel of glebe-land,
to the great prejudice of the said Sir John Corbet, which
hath caused great suits and dissensions* between them.
And whereas the said Sir John Corbet had a judgment #43
against Sir James Stonehouse, Knight, in an action2 of
waste in his Majesty's Court of Common Pleas at West
minster, which was afterwards affirmed in a writ of error
in the King's Bench, and execution thereupon awarded;
yet the said Sir John, by means of the said Archbishop,
could not have the effect thereof, but was committed to
prison by the said Archbishop and others at the Council-
table, until he had submitted himself unto the order of
the said Table, whereby he lost the benefit of the said
judgment and execution.
THE THIRD DAT OF MY HEARING.
Saturday, In the interim, between the 13th and this 16th of March,
I64f. ' upon some strict charge to look to the Tower, my solicitor
1 [< of the said county,' in margin.]
2 [The word looks like ' Etion/ probably an abbreviation for 'Ejection.']
contentions ' Kushw.
OF ARCHBISHOP LAUD. 91
was not suffered to come in to me. Whereupon, so soon as Die Tertio.
I was settled at the bar, before the evidence began to be
opened, I spake to the Lords as follows : —
te My Lds., I stand not here to complain of anything, or
any man, but only am enforced to acquaint your Lps. with
my sad condition. Your Lps. have appointed my secretary
to be my solici(116)tor, and given him leave to assist me in
the turning of my papers, and to warn in such witnesses, and
to fetch me the copies of such records, as I shall have occasion
to use. And I humbly desire your Lps. to consider, that
myself being imprisoned, and so utterly disenabled to do
these things myself, it will be absolutely impossible for me to
make any defence, if my solicitor be denied to come to me,
as now he is." This was granted, and the hearing adjourned
till Monday following b ; and I humbly thanked their Lord
ships for it.
b Here the relation is imperfect, might come to him, and in the mean-
It seems he moved that his solicitor time the hearing put off. — W. S. A.C.
HISTORY OF THE TROUBLES AND TRIAL
CAP. XXV. 244
THE FOURTH DAY OF MY HEARING.
Die Tertio THE fourth day of my hearing was Monday,, March 18, and
Marches was on^ my answer to tue third day's charge, and the only
Monday, time in which I was not put to answer the same day1. The
first2 charge of this day3 was about S. Paul's. And first out
of my Diary, (where I confess it one of my projects to repair
that ancient fabric8;) and three strict orders of the Lords of
the Council for the demolishing of the houses built about
that church. One4 was Novemb. 21, 1634. The demolishing
of the houses commanded by this before Jan. 6 for one, and
for the rest by after midsummer5. Another was Mar. 26,
1631 ; a committee, with power to compound with the
tenants, and with order to pull down if they would not com
pound6. The third was Mar. 2, 1631, which gives power to
the sheriffs to pull down, if obedience be not yielded 7.
To this I confess I did, when I came first to be Bishop of
London, project the repair of that ancient and famous
cathedral of S. Paul, ready to sink into its own ruins. And
to this I held myself bound in general, as bishop of the place,
1 ("' The fourth . . . same day.' This sentence is written in margin of p. 115
of MS.]
2 [After the words, 'then the business proceeded/ which then follow in the
MS., the following passage is erased, — ' The fii'st charge of these two days (for
in my notes I have slipped Avhere the fourth day's charge began, and therefore
I will go on with the charge of both these days together, because to the utter
most of my power I will not be found faulty so much as in a circumstance) —
I say the first,' &c. (as in text.)]
3 [' of this day' in margin.] * [' One' originally written ' The first ']
5 [The following is the account given in a passage now erased : — ' The next
was Mar. 2 ; a committee ordered to compound with the several tenants, and
they not to have the materials, unless on the day appointed. The third was Mar.
26, 1631, directed to the sheriffs, to demolish the houses of such as would not
obey, nor take composition by the days appointed.']
6 [' a committee . . . compound.' on opposite page.]
7 [' gives power . . . yielded.' on opposite page.]
a [See vol. Hi. p. 253.]
OF AECHBISHOP LAUD. 93
and in particular for the body of the church, the repair of Die Tertio
which is by the local statutes laid upon the bishop. And e
the bishop was well able to do it, while he enjoyed those
lands which he had when that burthen was laid upon him.
" But what sacrilegious hands despoiled that bishopric of
them, 'tis to1 no purpose to tellV
And truly, my Lds., since I am in this present condition,
I humbly and heartily thank God, that S. Paul's comes into
my sufferings, and that God is pleased to think me worthy
to suffer either for it or with it any way ; though I confess
I little thought to meet that here, or, as a charge, anywhere
else. And so God be pleased (as I hope in Christ He will) to
pardon my other sins, I hope I shall be able (human frailties
always set aside) to give an easy account for this. But
whereas I said, ' the repair of St. Paul's was a strange piece of
treason ;' and they presently replied, that they did not charge
the repair upon me, but the l manner of doing it, by demo
lishing of men's houses ;' to that I answered as follows ;
with this first, that the work hath cost me above one thousand
and two hundred pounds out of my own purse, besides all my
care and pains, and now this heavy charge to boot ; no one
man offering to prove, that I have misspent, or diverted to
other use, any one penny given to that work, or that I have
done anything about it without the knowledge, approbation,
and order of his Majesty, or the Lords of the Council, or
both.
To the particulars then. For the three orders taken out
of the Council-books, I shall not need to repeat them. But
what is the mystery, that these orders are reckoned backward,
the last first ? Is it to aggravate, as if it rose by steps ?
245 That cannot well be ; because the first order is the sourest, if
I conceive it right. Besides, here was real composition
allotted for them, and that by a Committee named by the
Lords, not by me. And I think it was very real ; for it cost
eight or nine thousand pounds (as appears upon the accounts0)
1 [' to ' interlined.]
b [Bp. Eidley had exchanged many benefit of the See.]
of the lands of the See of London with c [A statement of the receipts and
Edw. VI. (Strype, Memorials, II. i. payments is given in Dugdale's S.
339 ;) but Strype says (p. 341), to the Paul's.]
94 HISTORY OF THE TROUBLES AND TRIAL
Die Tertio merely to take down the houses (which had no right to stand
there), before we could come at the church to repair it.
And if anything should be amiss in any of these (which is
more than I either know or believe) ; they were the Council's
orders, not mine. And shall that be urged as treason against
me, which is not imputed to them so much as a misde
meanour ? Besides, the Lords of the Council are in the ancient
constitution of this kingdom one body; and whatsoever the
major part of them concludes, is reputed the act of the whole,
not any one man's. And this I must often inculcate, because
I see such public acts like to be heaped upon my particular.
1. The first witness about this business of St. Paul's is
Mich. Burton !, and 'tis charged that his house was pulled
down in King (117) James's time; that he was promised
relief, but had none : that hereupon he got a reference from
his Majesty that now is, and came with it to the Council,
and was referred to the Committee. That Sir Hen. Martin
told him, that the Archbishop was his hindrance. That he
resorted to me, and that I bid him go to King James for his
recompense.
To this my answer was, That this house, which he says was
his, was (as is confessed by himself) taken down in King
James's time, when an attempt was made about the repair of
this cathedral, but nothing done 2. If he desired satisfaction,
he was to seek it of them who took down his house, not of
me. If his Majesty that now is gave him a reference, he was
by the Lords of the Council, or by me (if to me it were
referred), to be sent to the Sub-Committee, because satisfac
tion for each house was to be ordered by them. Nor had
I any reason to take it on my care, which was done so long
before. He says, that Sir H. Martin told him, that I hindered
him : but that's no proof that Sir H. Martin told him so ;
for 'tis but his report of Sir H. Martin's speech : and I hope,
Sir Henry neither did, nor would do me such apparent wrong.
He was the third man to whom I brake my intentions touch
ing the repair, and the difficulties which I foresaw I was to
meet with : and he gave me all encouragement. And it may
be, when nothing would satisfy the eager old man, I might
1 [After ' Burton,' ' single and in ' erased.]
2 ["'when . . . done.' in margin.]
OE ARCHBISHOP LAUD. 95
bid him go to King James for recompense ; but 'tis more than Die Tertlo
I remember if I did so. And this man is single, and in his et ^uarto<
own case ; and where lies the treason that is in it ?
Besides, least consideration was clue to this house : for, not
many years before the demolishing of it, it was built at the
west end of St. Paul's for a lottery ; (it was said to be the
house of one Wheatly ;) and after the lottery ended, finished
up into a dwelling-house, to the great annoyance of that
church : the bishop, and dean, and chapter being asleep while
it was done.
2. The next charge about St. Paul's was witnessed by Mary
246 Berry d, that her husband was fain to set up his trade else
where, and that every man reported, the Bishop was the
cause of it.
Her husband was forced by this remove to set up his trade
elsewhere ; so she says : and perhaps in a better place, and
with satisfaction sufficient to make him a better stock :
where's the wrong ? Beside, she is single, and in her own
cause, and no proof, but that every man reported the Bishop
was the means to remove him. And it is observable, that in
King James his time, when the commission issued out for
the demolishing of these very houses, the work was highly
applauded; and yet no care taken for satisfaction of any
private man's interest : now that great care hath been taken,
and great sums of money expended about it, yet I must be a
traitor, and no less, for doing it. " This makes me think,
some party of men were heartily angry at the repair itself;
though for very shame it be turned off upon the demolishing
of the houses."
3. GDhe next that came in, was Tho. Wheeler : he says that
his house was pulled down by the Committee, by my direc
tion, above eleven years ago : and that word was brought him
of it.
His house was pulled down ; but himself confesses it was
by the Committee. It was, he says, above eleven years ago,
and the time limited in that Article is six e years. He says,
that word was brought him, that I was the cause, or gave the
direction. Word was brought him ; but he names not by
d [' Bury/ Lords' Journals.]
e 'sixteen,' vide. [But see Article ii. as given above, p. 69.]
96 HISTORY OF THE TROUBLES AND TRIAL
Die Tertio whom, nor from whom ] ; so all this proof is a single hearsay
of he knows not whom : whereas I had the Broad Seal of
England for all that was done. It was replied here, That for
demolishing of these houses the King's Commission f was no
full and legal warrant ; I should have procured authority
from Parliament. I replied to this interruption, That houses
more remote from the church of St. Paul's were pulled down
by the King's Commission only in K. Ed. III. time ; and
humbly desired a salvo might be entered for me, till I might
bring the record % • which was granted.
4. The last instance for this charge of St. PauFs, was the
house of W. Wakern h ; who witnessed, that he had a hundred
pound recompense for his house ; but then was after fined in
the High-Commission Court 100/. for profanation, of which
he paid 30/.
To this I gave this answer ; That his charge is true ; and
that after he had received 100/. composition, the cry of the
profanation brought him into the High-Commission. It was
thus : the skulls of dead men (perhaps better than himself)
were tumbled out of their graves into his draught, and part
of the foundation of the church (as appeared in the taking
down of his house) was broken, or pared away, to make room
for the uncleanness to pass into the vault : arid surely were
I to sit again in the High-Commission, I should give my vote
to censure this profa(118)nation. But himself confesses, he
paid but thirty pound of it, which was too little for such an
offence. And besides, my Lords, this was the act of the
High- Commission, and cannot be charged singly upon me.
And I cannot forbear to add thus much more, That the 247
bishop, and dean, and chapter, whoever they were, did ill to
give way to these buildings, and to increase their rents by a
sacrilegious revenue : no law that I know giving way to build
upon consecrated ground, as that churchyard is. But how-
-1 [' nor from whom ;' in margin.]
f [See the Special Commission for perhaps, it will not be necessary to
repairing S. Paul's Cathedral, in print the whole patent ; but if it be,
Rymer, Feed. VIII. iii. 172 seq.] I have a copy of it. — W. S. A. C.
e See this record twice referred to This came not to my hands. — H.W.
afterwards. In the latter place the h [' Wathon,' Lords' Journals.]
useful words of it are recited. So that,
OF ARCHBISHOP LAUD. 97
soever, the present l tenants being not in dolo, I ever thought Die Tertio
fit they should have recompense for their estates, and they et Quarto-
had it.
The next charge was about the shops of the Goldsmiths II.
in Cheapside and Lombard-street. An order was made at
the Council-table, Novemb. 12, 1634, That within six months
the Goldsmiths should provide themselves shops there, and
nowhere else, till all those shops were furnished : and this
under a penalty, and to give bond.
These two were the ancient places for Goldsmiths only*
time out of mind : and it was thought fit by the Lords, for
the beauty of the place, and the honour of the city, to have
these places furnished as they were wont, and not to have
other trades mixed among them. Beside, it concerned all
men's safety : for if any plate were stolen, the inquiry after
it might be made with more ease and speed : whereas if the
goldsmiths might dwell here and there, and keep their shops
in every by-place of the city, stolen plate might easily be
made off, and never heard of. But howsoever, if in this
order there were anything amiss, it was the order of the
Council-table, not mine : and far enough off from treason, as
I conceive.
1. Upon this charge there were two instances. The first is
Mr. Bartley *, who said, his house was taken from him, by
order to the Lord Mayor, 1637 ; that my hand was to the
order ; that he was imprisoned six months, and recovered
6001. damages of Sir Edw. Bromfield ; that after this he was
committed to Flamsted, a messenger belonging to the High-
Commission, about Dr. Bastwick's and Mr. Burton's books;
that after this he was sent for to the Council, and there heard
my voice only ; that when he desired some help, Sir Tho.
Ailsbury'sk man told him, he were as good take a bear by the
tooth : that all this was for his entertaining a man that came
out of Scotland ; and lastly, that Dr. Haywood, my chaplain,
had licensed a popish book l.
1 [' present ' in margin.]
1 [' John Bartlett,' Lords' Journals.] to Breda, where he died in 1651. His
k [Sir Thomas Ailesbury, Master of daughter Frances was the wife of Ed.
the Eequests, and Master of the Mint. Hyde, afterwards Earl of Clarendon.
He adhered to the cause of the King, (Wood, F. 0. i. 305.)]
and retired first to Antwerp, and then l [William Haywood had licensed
LAUD. — VOL. IV.
98 HISTORY O¥ THE TROUBLES AND TRIAL
Die Tertio To which I gave this answer : That if the Lord Mayor put
et Quarto. ^m ^Q^ ^ house by order from the Lords, (being a sta
tioner among the goldsmiths,) then it was not done by me :
and though my hand were to the order, yet riot mine alone;
and I hope my hand there subscribed no more treason than
other lords' hands did : and if he did recover 600/. against
Sir Edw. Bromfield, who, I think, was the Lord Mayor spoken
of, surely he was a gainer by the business. And whereas he
says, he was after seized again, and committed to Flamsted
about the books named : if he were (as was informed) a great
vender of those, and such like books, less could not be done
to him, than to call him to answer. He says further, that
he was sent for to the Council-table, and there he heard my
voice only against him. It may be so, and without all fault
of mine : for that heavy office was usually put upon me and
the Lord Keeper, to deliver the sense of the Board to such as
were called thither, and examined there : and by this means, 248
if any sour or displeasing sentence passed (how just soever, it
mattered not), it was taken as our own, and the envy of it fell
on us. And that this was so, many lords here present know
well. He adds what Sir Thomas Ailsbury's man said1,
when he would have petitioned again : but since Mr. Bartley
is single here, and in his own cause, why doth he rest upon
a hearsay of Sir Thomas Ailsbury's man ? Why was not this
man examined to make out the proof ? And if this man did
so far abuse me, as to speak such words of me, shall I be
abused first, and then have that abuse made a charge ? That
he was troubled thus for a Scotchman's coming to him, is
nothing so, nor is any proof offered 2 : though then the
troubles were begun in Scotland ; and therefore if this had
any relation to that business, I pleaded again the Act of
Oblivion. For that of Dr. Haywood, I shall give my answer
in a more proper place; for 'tis objected again.
2. The second instance was in Mr. Manning's m case. He
speaks also of the order of the Council, Novemb. 12, 1634.
1 ['what . . . said/ in margin. Originally written, ' adds, that']
2 [' nor . . . offered :' in margin.]
Sales' ' Introduction to a Devout Life,' m [' Francis Manning,' Lords' Jour-
which was afterwards called in by nals.J
proclamation, of which more below.]
OF ARCHBISHOP LAUD. 99
That the Goldsmiths in their book made an order upon it ', Die Tertio
June 1 5, 1635, that they which obey not, should be suspended, et Quarto>
(I think 'tis meant, from use of their 2 trade ;) that when
some entreated them to obedience, I should say, ' This Board
is not (119) so weak, but that it can command;' or to that
effect.
For the Council's order, it was theirs, not mine. For the
order which the Company of Goldsmiths made upon it, it
was their own act, I had nothing to do with it. For the
words, if I did speak them (which is more than I remember),
he is single that swears them, and in his own cause. But,
my Lords, I must needs say, whether I spake it then, or not,
most true it is, that the Council-table is very weak indeed,
if it cannot command in things of decency, and for safety of
the subject, and where there is no law to the contrary. And
this was then my answer.
The third charge of this day was, that I forced men to III.
lend money to the Church of St. Paul's : and Mrs. Moore
was called upon. But this was deserted.
The next charge was concerning a long and tedious suit IV.
between Rich and Poole, about the parsonage of North-
Cerny in Gloucestershire; that Rich was turned out after
three years' possession, by a reference procured by Poole to
the Lord Keeper Coventry and myself; and that I did in a
manner act the whole business at the reference ; that letters
were sent from the Council to Sir Wi. Masters, one of the
patrons, to see Poole instituted, and to imprison Rich if he
refused obedience : that after, by the Ld. Marshal's procure
ment, there was another reference obtained to thirteen lords ;
who awarded for Rich.
I was never more weary of any business in my life, than
I was of this reference : and I was so far from acting the
whole business, as that I did nothing, but as the Ld. Keeper
directed ; the cause was so entangled with Quare impedits,
and many other businesses of law. Our judgments upon full
hearing went with Poole, and we certified accordingly : and
249 upon this (it may be) the letters mentioned were sent down
for Poole. And if the Ld. Keeper that now is, then his
1 [' upon it,,' originally ' upon it, that '] 2 [' their ' orig. ' his ']
IT 2
100 HISTORY OF THE TROUBLES AND TRIAL
DieTertio Majesty's Solicitor n, could not, or durst not meddle, but gave
it Quarto. ^^^ n|g fQQ ^as was farthcr urged), his Lp. is living to tell the
cause himself; for here was none set down, though it were
urged, as if he did it because I was a referee : and in the
meantime this is but a bare report concerning him *. If the
thirteen lords, to whom it was after referred, were of another
opinion, that was nothing to us, who without any touch of
corruption, did as our knowledge and conscience guided us.
And, my Lords, it seems this title was very doubtful; for
after all this, it came into this Parliament, was referred to a
Committee, where Mr. Rich was very willing to compound
the business. " And well he might ; for I was since certified
by a gentleman, a lawyer, that understood well, and was at
the hearing of that cause, that it was one of the foulest
causes on Rich's side, that ever he heard. And out of this
I took the sum of my answer, which I gave to Mr. Browne,
when he summed up my charge V
The witnesses to this charge were Mr. Rich ° his brother,
and my good friend Mr. Talboys P. But this latter witnesses
nothing but that he heard me say, that Poole's behaviour
was unfit ; so there I checked the one party : and that upon
some words given me by Rich, I should say, Do you throw
dirt in my face ? And why might I not ask this question, if
his words deserved it ? So upon the matter, here is Rich
single in his brother's case; and nothing throughout that
looks like treason.
Here I had a snap given me, that I slighted the evidence,
whereas they (as 'twas said) did not urge these particulars
as treason, but as things tending to the violation of law, and
should be found to make treason in the result. " The truth
is, I did then think within myself, that such evidence might
very well be slighted in an accusation of treason. But I
thought better to forbear ; and so, in my continued patience,
expected the next charge."
V. Which was, Mr. Foxlie's <i imprisonment about Popish
' concerning him.' originally 'of him.']
' And out . . . charge.' on opposite page.]
n [Sir Edw. Littleton.] in Lords' Journals.]
0 ['Edward Rich/ Lords' Journals.] 1 [This person was Thomas Foxty,
p P. 110 [of orig. MS. See above, at one time Lecturer of S. Martin's-in-
p. 77. The name is ' Richard Talbois,' the-Pields. See a detailed account of
OF AllCHBISHOP LAUD. 101
books l. That he was tendered the oath ex qfficio ; then Die Tertio
brought before the Council, and imprisoned again by a warrant et Quarto-
under my hand and others'; and my hand first to the warrant ;
his wife not suffered to come to him till he was sick ; that
the chief cause of all this was the impropriations, because
he desired to name the men for the feoffment.
My Lords, this man confesses he was called in question
about Popish books; but expressing no more, I cannot tell
what to make of it 2 ; nor can I tell how to accuse him of
Popish books. " For I cannot tell which is least, his under
standing of them, or his love to them." And for tendering
him the oath ex qfficio, that was the usual proceeding in that
Court 3. When he was brought before the Lords of the
Council, he says the warrant for his imprisonment ' was under
my hand and others'/ This was according to course : so the
commitment of him was by the Lords, not by me. But my
hand was first ; so was it in all things else, to which I was to
set it. (120) And the restraint of his wife 4 from coming to
him, was by the same order of the Lords : and upon her
petition, when her husband was sick, both of them confess
she had admittance. But whereas he says, the chief cause of
250 his commitment was the feoffment, he is much mistaken :
himself says before, it was about Popish books. This I am
sure of, the feoffment was not so much as mentioned against
him : though he freely confesses, that he got twelve men to
undertake that feoffment, which was a great deal more power
than he could take to himself by law. And his wife speaks
not one word to the cause of his imprisonment. So he is
single, and in his own cause; and no treason, unless it be
against Mr. Foxlye.
The next charge of this day, was Mr. Vassall's imprison- VI.
ment r : and to save repetition, I shall weave all the circum
stances of aggravation and my answer together.
1 [Orig. written ' books. His']
2 [Orig. 'of it. For I cannot']
3 [* And for ... Court.' in margin.] 4 [Orig. ' wife was by ']
the proceedings respecting him, re- for refusing to pay the Tonnage and
lated in the manner most unfavourable Poundage, which the King claimed
to Laud, in Prynne's Cant. Doom, pp. without the consent of Parliament.
387, 388.] See Rush worth's Collections, vol. i. p.
r [Samual Vassall was imprisoned (>41 ; and Append, pp. 5(5, 57.]
102 HISTORY OF THE TROUBLES AND TRIAL
Die Tertio First, he is single in all, both substance and circumstance.
Secondly, he says ( that he conceives I was the cause of his
imprisonment/ But his conceit is no proof. He says again,
that I said at the Council-table (whither he was called),
' Why sit we here, if we be not able to judge ? ' It may be,
my Lords, I said so ; I remember not now ; but if I did say
so, it was of such things only as were fit and proper for that
honourable Board to judge of. Then he charged me, that I
should there say, ' that he did eat the bread out of the
King's children's mouths ; and that if he were in another
country he would be hanged for it.' " I doubt this gentle
man has borrowed some of Sir Hen. Vane's memory : but
I remember no such thing." Yet if I did say it, it was no
treason1 : for if I did say he might be hanged for the like in
some other country, it was because the laws and customs of
other countries, and this of ours, differ in many things. So
that by this speech, he was to thank the law of the land
for his preservation, notwithstanding his opposition against
Majesty; which, where the laws were not so favourable to
the subject2, would not be endured.
He says, ' he was fain to deposit 300/. into the hand of
Sir Abra. Daws9, and that it was taken out the next day.'
But he says withal, it was done by a decree at the Council-
board ; and I hope I shall not be held author of all decrees
which passed there. He says, that I called him ' Sirrah :' a
high crime, if I did so ! high treason at least ! But sure
this gentleman's spleen swelled up Sir into Sirrah : for that
is no language of mine to meaner men than Mr. Vassal is.
" The main of this charge is words ; and those (if uttered)
hasty, not treasonable : and as M. Lepidus spake in the case
of C. Lutorius Priscus, Vana a scelestis, dicta a maleficiis
differunt * ; Vain things differ from wicked, and words from
malicious deeds : and let any man else be sifted as I have
been for 3 all the time I have been a bishop, which is now
upon the point of twenty and three years, and I doubt not
but as high words as these will be heard fallen from him
1 ['was no treason :' originally written, ' it was (some words illegible) much
less treason :']
2 ['to the subject' in margin.] 3 ['been for' orig. written 'been from']
An officer of the Custom?.] * Tacit, lib. iii. Annal. [cap. 50.]
OF ARCHBISHOP LAUD. 103
upon less occasion, and of greater personages than Mr. Die Tertio
Vassal is. Besides, Mr. Vassal, at the end of his testimony, et Quarto<
desired the Lords he might have reparation; which alto
gether in law infirms that which he testified V
After this followed a charge about a grant passed from VII.
his Majesty to one Mr. Smith. The difference was between
Mrs. Burrill and him.
As far as I can recall, it was thus. The King had made
a grant to Mr. Burrill, in his lifetime, of a wharf or some
thing else belonging to the Thames. Mr. Smith conceals
251 this, and gets a grant from his Majesty, over the head of
the widow and her children. And, as himself confesses, his
Majesty being informed that Mrs. Burrill was sister to the
reverend prelate Bishop Andrews, being then dead, should u
say, that he would not have granted it to Mr. Smith, had he
known so much. This 2 was an honourable memory of his
faithful servant, her worthy brother. But whatsoever was
done in this business, was by order of the Council-board, and
not by me : as was also the 250/. which, he says, was paid in
to Sir Wi. Beecher, (by way of deposit, as I conceive ;) in
which, if he had any hard measure, the law was open for his
right. And in the whole business he is single, and in his
own cause.
The next charge was Sir Jo. Corbett's v ; which because it VIIT.
is expressed at large in the Article before recited, I shall not
here repeat, but apply the answer to it which I then gave.
Sir John says, he ' was sent for about reading the Petition
(121) of Right, at a sessions in the country ; and that the
Earl of Bridgwaterw should say, he was disaffected to the
King.' This concerns not me in anything. He says, ' that
for this he was committed, lay long in the Fleet, and was
denied bail : ' but he says it was denied by the whole Board.
" So by his own confession, this was the act of the Council,
1 [' of his . . . testified.' on opposite page.]
2 ['being then . . . This ' in margin. Orig. written, 'he would not have
given, made (sic) that grant to Mr. Smith, which ']
» « did ' w [John Egerton, first Earl of Bridge-
v [Sir John Corbet was created a water, son and heir to the Lord Chan-
Baronet Sept. 19, 1627. He opposed cell or Egerton, first Viscount Brack-
King Charles's forced loan.] ley.]
104 HISTORY OF THE TROUBLES AND TRIAL
Die Tertio not mine. And this answer I gave to Mr. Browne, when he
put this part of the charge into his sum l."
In his cause with Sir Jo. Stonehouse about a waste, I
cannot recall the particulars : but whatever was done therein,
himself confesses was by order at the Council-table, and his
Majesty present, April 18, 1638.
For the aisle built by the Lord Viscount Kilmurryex ; the
grant which I made was no more than is ordinary in all such
cases. And 'tis expressed in the body of the grant, Quantum
in nobis est, et de jure possumus * ; so there is nothing at all
done to the prejudice of Sir John's inheritance : for if we
cannot grant it by law, then the grant is voided by its own
words. And that the grant was such, and no other, I
showed the deeds ready attested out of the office. Besides,
had I wronged him, there was an ordinary remedy open, by
appeal to the delegates. And this was well known to him ;
for he did so appeal from a like grant against him, by the
now Lord Bishop of Duresme, then of Lichfield z, and Sir
John's diocesan. And whereas 'tis alleged, ' that I made
this grant without the consent of him the patron, or the then
incumbent/ Sir John acknowledges, like a gentleman, that
I sent unto him for his consent, if it might have been had.
And this I foresaw also, that if I had denied the Ld. Viscount
that which was not unusual, then the complaint would have
fallen more heavy on the other side, that I made persons of
quality in a manner recusants, by denying them that con-
veniency which was in my power to grant. So I must be
faulty, whatever I do.
IX. Then the business of the tithes of2 London was raised up
in judgment against me. And it was read out of my diary,
that I projected to give the ministers 3 assistance therein a.
I had been much to blame, having been4 Bishop of
London, should I have had other thoughts. For their case is
' Browne . . •. sum.' in margin.] 2 ['of orig. 'of the']
'' the ministers ' orig. ' them '] 4 [' having been ' orig. ' being ']
1 [Robert Needham, second Vis- in Reg. Laud, foil. 282 a.b. 283 a.]
count Kilmorey.] z (Thomas Morton.]
y [The licence for constructing an * [See vol. iii. p. 254.]
aisle to Adderley Church is recorded
OF ARCHBISHOP LAUD. 105
very hard ; all their offerings being shrunk away into nothing, Die Tertio
252 but a poor Easter-book. The ministers of London had often et Quarto-
petitioned about some relief long before my time : and I did
then, and do still think it most just they should have it.
" For they are now under the taskmasters of Egypt ; the
tale of brick must be made, they must preach twice a Sunday,
get straw where they canb." And yet I never thought of
anything contrary to law, had all been done which I desired.
For that was no more, than that the citizens would volun
tarily yield to some reasonable addition, where right and
need appeared : and this, I am sure, nor did nor could cross
with the Act of Parliament0 concerning the tithes of London d.
And Mr. Moss, who is their only witness in this particular,
says no more against me, but that 'I pressed this business
much, and often :' which is most true I did, and held it my
duty so to do ; but still in the way before mentioned.
After this came the great charge (as it was accounted) X.
concerning the censure of Mr. Pryn, and Burton, and Bast-
wick, in the Star-Chamber, and their banishment (as 'tis
called) upon it. The witnesses produced in some circum
stances of that cause were Mr. Cockshot6, Tho. Edwards,
W. Wickens, Mr. Burton, Mrs. Bastwicke, and Mr. Pryn
himself. The censure is known, and urged to be against
law : but so far as any particular is put upon me, my answer
is present to it.
1. And first for Mr. Cockshot : he says, Mr. Attorney
Bankes ' sent him ' (being then his servant) ' to give me an
account of that business :' hence 'tis inferred, that I took care
of it. This might have had some show of proof, if I had
sent to Mr. Attorney to give me an account of it. But
there's no word of any such proof. And yet, considering
what relation their cause had to the Church, if I had sent
and desired some account of the proceedings, I humbly con
ceive (my place in the Church considered) it could have
been no great crime.
b Exod. v. 7. of this matter is to be found in a
c [37 Hen. VIII. cap. xiL] treatise by Dr. Brian Walton, printed
d [See the petition of the London from MSS. Lamb. Numb. 273, in Brew-
Clergy, and some further proceedings ster's Collectanea Ecclesiastica.]
thereon, in Kushworth's Collections, e [' John Cocket,' Lords' Journals.]
vol. ii. pp. 269, seq. The fullest account
106 HISTORY OP THE TROUBLES AND TRIAL
Die Tertio 2. Then were read certain warrants : one, Febr. 1, 1632,
rto' for com(122)mitment; another of Febr. 2, 1636, to bar
access to them. These were acts of the Lords sitting in
Star-Chamber, not mine. Then was read a third order after
sentence given, of May 13, 1634, for the seizing of his books.
But this, as the former, was an act of the Court, not mine :
and 'tis expressed in the order (as the charge itself lays it
down1) for the disposal of the books ' according to law/ Then
the warrant of their commitment to the islands, Aug. 27,
1637. This commitment was no device of mine; nor did
I ever hear of it, till it was spoken by others in the Star-
Chamber : nor do any one of these warrants prove anything
that can be called my act. And I humbly conceive, that I
ought not by law, nor can by usage of parliamentary pro
ceedings, be charged single for those things, which were done
in public courts. The last order was November 12, 1637,
about the Aldermen of Coventry, and the Quo warranto
resolved upon against the charter of that city, only for sup
posed favours showed to Mr. Pryn in his passage that way.
First, 'tis confessed in the charge, that this was an act of the
Lords. Secondly, that it was made at a full Board. Thirdly,
'tis not urged, that any one man disliked it. Fourthly, the
complaint which caused it was, that both aldermen and their
wives, and other citizens, were not content to show Mr. Pryn 253
kindness ; but they both did and spake that which was dis
graceful to the Star-Chamber sentence. But howsoever,
there is no particular in that order, that is or can be charged
upon me.
3. This for the warrants. The next witness concerning
this charge was Tho. Edwards. He says, ' that three ham
pers of Mr. Pryn's books were taken out of his house/
(whither, it seems, they were conveyed for safety,) ' and no
warrant showed to take them/ The weaker man he, to let
his friend's books go so. But this witness hath not one word
of me.
4. The next witness was Wi. Wickens ; he says, ' he
knew of no warrant neither ; but that licence was given by
the sheriffs about six years since/ Here's never a word
1 [ ' lays it down ' originally written ' confesses ']
OF ARCHBISHOP LAUD. 107
concerning me ; nor am I to answer for the sheriffs' act. Die Tertio
And whereas it is an aggravation in the charge, ( that all et Qua
Mr. Pryn's books l were sold : ' Tho. Edwards says, there
were but three hampers of them ; and this witness says, he
bought them for two-and-thirty pounds : and these, neither
by number nor price, could be half of Mr. Pryn's books 2, if
I have heard truth of his library.
5. After this man's testimony, comes Mr. Pryri himself in
his own cause. He made a long relation of the business, and
full of bitterness against me. This I doubt not was purposely
done, to represent me as odious as he could, to the Lords
and the hearers. But I shall assume nothing to myself, that
was done by order of the Court of Star-Chamber : whatsoever
was done there by common consent, was their act, not mine ;
and if any treason be in it, they are as guilty as I; for
treason admits no accessories. Nor will I meddle with the
language : God forgive him that, and whatever else he hath
done against me : only I shall answer to all such particulars
of his, as seem to touch upon myself.
(1.) First then he says, 'he brought a prohibition, an.
1629, and that was the ground of my hatred against him/
For prohibitions, I shall answer when they are charged : but
as I remember not this, so I bare him no hatred ; and bear
ing him none, it could not be for that cause : nor doth he
so much as offer to prove it was.
(2.) Next he says, ' I gave direction to Mr. Attorney Noy,
and that Dr. Heylin drew some informations for him/
Dr. Heylin was well acquainted with Mr. Attorney ; but how
long, or upon what grounds, I know not : nor did I give
Mr. Attorney any direction. What Dr. Heylin did, if he did
anything, is nothing to me, unless I set him on ; which is
not proved, nor sworn.
(3.) He further says, that 'Mr. Attorney read his book
twice over, and said that he found nothing amiss in it/
I know not what Mr. Attorney said to him ; nor what he
may say of Mr. Attorney, now he is dead : this I am sure of,
and 'tis well known to some of your Lps., he said far other
wise in open court.
Mr. Pryn's books' originally ''his books']
books/ in margin.]
108 HISTORY OF THE TROUBLES AND TRIAL
Die Tertio (4.) He says, f that his book was licensed to the press,
it Quarto. and afteY t^t seize^ and that t^G messenger told him it was
done by me/ This was done by warrant of the High-Com
mission, not by me : nor doth he offer any proof against me,
but that the messenger told him so ; which is a bare hearsay,
and no proof.
(5.) Then he says, ' that there was another order given 254
about his business, and that I did it/ But he brings no
proof for this, but that Mr. Ingram, the then keeper of the
Fleet, told him so. But this is as bare a hearsay as the former,
and Mr. Ingram not produced to make out the proof.
(123) (6.) Then he says, < he writ me a letter, and that
I sent it to Mr. Attorney, to have him yet further proceeded
against/ 'Tis true, my Lords, he did write unto me ; but
whether it were a letter, or a libel, I leave other men to
judge. This letter I l did send to Mr. Attorney ; but only to
let him see how I was used, not to have any further proceed
ing against him. But Mr. Attorney was so moved at the
sight of it, that when he saw me next, he told me he would
call him ore tenus for it. Therefore it seems, somewhat was
very much amiss in it 2, call the writing what you will.
(7.) He says, ' Mr. Attorney thought he had not kept the
letter ; but he was deceived, for he had it/ But how was
Mr. Attorney deceived ? I'll tell your Lordships what him
self told me. When Mr. Attorney saw that I would not agree
to any further prosecution, he sent for Mr. Pryn, showed him
the letter, and thought, after he had read it, to give him some
good counsel, to desist from that libelling humour of his.
But Mr. Pryn, after he had got the letter into his hands,
went to the window, as if he meant to read it, and while
Mr. Attorney was otherwise busied, he tare it into small
pieces, and threw it out at the window, and then said unto
him, ' This shall never rise in judgment against me/ Now
he confesses he hath the letter still, and that Mr Attorney
was deceived : belike he tare some other paper for it, and
put the letter in his pocket. " But that you may see the
honesty of this man, and what conscience he makes of that
which he speaks upon his oath ; here he says he had the
1 ['letter I' originally 'letter (since he calls it so) I']
2 ['in it,' in margin.]
OF ARCHBISHOP LAUD. 109
letter still, and that Mr. Attorney was deceived : and yet Die Tertio
after this, when he sets out his Breviate of my life, he con- et Quarto'
fesses, in an unsavoury marginal note, 'that he tare it,
Mr. Attorney having need of such a paper.f ' And for this
Breviate of his, if God lend me life and strength to end this
first, I shall discover to the world the base and malicious
slanders with which it is fraught."
(8.) He went on, arid said, ' there was an order made
against him when term was done, so that he could have no
remedy/ This is directly against the Court and their order,
not against me.
(9.) Then he cites out of the Epistle before my speech
in the Star-Chamber s, ' that I censured him for having his
hand in the pamphlets of those times, and yet was doubtful
of it/ The words are : ' For I doubt his pen is in all the
pamphlets/ But first, 'tis acknowledged I gave no vote at
all in his censure : and if I did not judicially censure him,
then sure I was not doubtful, and yet censured. Secondly,
he was censured upon his own pamphlet : and his hand was
certainly in his own, what doubt soever I might make of its
being in theirs. And thirdly, if the words be extended to
their pamphlets also, that's nothing to prove I doubted of
the justness of the sentence. For the words are not, ' I doubt
his pen is in all those pamphlets of Mr. Burton's and Dr.
Bastwick's l ; ' but ' in all the pamphlets,' whether their
255 libels, or any others' ; so I might be doubtful 2 of the one,
and yet certain enough of the other.
(10.) And whereas he adds, ' that he was jointly charged
with Dr. Bastwick and Mr. Burton, yet could not be suffered
to speak together for a joint answer; and that his cross-bill
was refused/ All this was done by the Court of Star-Cham
ber ; not by me. And your Lps. know well the Ld. Keeper
managed the affairs of that Court, not I.
(11.) Then he says, ' that at last, Mr. Holt came to him,
but was threatened that very afternoon for it/ But he doth
1 [( Dr. Bastwick's ;' originally written, ' Dr. Bastwick's, of which these ']
2 [' doubtful ' originally ' doubtful enough ']
f W. Pryn's Breviate of the Arch- * Paulo post medium, [p. 65. in
bishop's Life, p. 19. [See also the marg. in the copy followed for this
Archbishop's Diary at June 17, 1634. reprint.]
Works, vol. iii. p. 221.]
110 HISTORY OF THE TROUBLES AND TRIAL
Die Tertio not tell your Lps. by whom ; and for my part, more than
rto' civil giving him the time of the day, I never spake with him
in all my life.
(12.) He tells your Lps. next, 'how he passed through
Coventry, (to which I have spoken already11,) and how through
Chester, and how some Chester men were used concerning
him, and his entertainment/ But, my Lords, whatsoever was
done in this, was by the High Commission at York * • and if
anything be therein amiss, they must answer that did it.
(13.) Lastly, he spake of ' sending Sir Wi. Balfore to me,
and some other like particulars/ Of all which there is no
proof, but a bare relation, what Mr. Hungerford, Mr. Ingram,
and Sir Wi. Balfore said ; which is all hearsay, and makes
no evidence, unless they were present to witness what is said.
" And here give me leave to observe, that Mr. Pryn hath in
this charge woven together all that he could say concerning
both causes, for which he was censured : for in the third
particular he speaks of his book, for which he was first cen
sured ; and in the ninth and tenth, of his cross-bill, and the
like, which were in his second cause/''
6. The sixth witness was Mr. Burton, a party too. For
that which he said agreeable to Mr. Pryn, it received the
same answer. And he added nothing new, but ' that his
wife was kept from him by warrant from the Lords : y and if
it was by the Lords' order, then was it not by me. And
when it was replied, that till he was sentenced to Garnsey,
his wife had access to him : Mr. Burton answered, ' Yea ;
but, my Lords, she was not suffered to be with me at nights/
At which the Lords fell a laughing, and there ended his
charge.
(124) 7. The last witness was Mrs. Bastwick : and she
also said nothing different from Mr. Pryn ; but that she was
kept from her husband, and that she petitioned the Lords
about it : but of me in particular, not one word. " And
though Mr. Brown, in his last reply upon me l, said, the time
of these men's censure was the noted time of the oppression
of the subjects' liberty; yet I shall crave leave to say of
1 [From * me/ to end of paragraph, on opposite page.]
h P. 122. [of orig. MS. See above, p. 106.] ! [See vol. iii. p. 402.]
OF ARCHBISHOP LAUD. HI
these men, as S.Augustin once said of two great Donatists Die Tertio
in his time, who, it seems, had received some sentence, and et ^uarta
afterwards a return, not altogether unlike these men ; (they
were Felicianus and Prastextatus ;) of those thus S. Augustin :
f If these men were innocent, why were they so condemned ?
and if they were guilty, why were they with such honour
returned, and received k ? ' This applies itself. And here I am
willing to put the reader in mind too, that Mr. Brown draw
ing up an exact sum of my charge, and pressing it hard
against me, to my remembrance (and I think my notes could
256 not have slipped it) passed by this charge l concerning Mr.
Pryn ; and I cannot but think, he had some reason for it."
This tedious charge being over, the world ran round, and XL1
I was brought back again to another charge about demolish
ing the houses at S. Paul's ; and here three witnesses more
came against me.
1. The first was Mr. Bentlym. He said, ' there were above
sixty houses pulled down/ I answered, I know not the
number ; but if there were so many, the recompense given
was sufficient for more. He said further, 'that there was
twenty yards between the church and some of the houses/
There were very few, if any such (let him look to his oath) ;
but then some were close upon the wall of the church. And
suppose all had been twenty yards distant; that was not
room enough to bring in arid lodge materials for the repair,
and to turn the carriages. And here again I made mention
of my salvo, before desired, for the record of Ed. III. touch
ing the like buildings, and their demolition.
2. The second witness was Mr. Goaren. For the sixty
houses as was before testified, I gave the same answer ; as
also, that the act of the Council-table cannot be said to be
my act. For St. Gregory's Church, they were not left without
a place for Divine service (as he would fain have it thought) :
for they were assigned to a part of Christ-Church, till another
1 [' charge ' originally ' charge, and sure ']
k "Si innocentes erant, quare sic here properly begins; the previous
damnati sunf? si scelerati, quare sic cases having been heard on the third
recepti]" — Aug. Epist. clxxii. [li.Ben. day, according to Lords' Journals.]
§ 2. Op., torn. ii. col. 175. B. C.] m [' John Bentley,' Lords' Journals.]
1 [The business of the fourth day n [' Gerrard Gore,' Lords' Journals.]
112 HISTORY OF THE TROUBLES AND TRIAL
Die Tertio church might be built for them °. And for the pulling down
r °' of St. Gregory's, 'tis well known to divers of that parish, that
1 was not so much as one of the referees, to whose view and
consideration it was referred. But the truth is, this man
rented the parsonage-house, and had a good pennyworth of
it to gain by his under-tenant. The going down of that house
troubles him, and not the church.
3. The third witness, Walter Biggs P, says nothing different
from the two former ; but ' that I said I was opposed for the
pulling down of the houses.' Whence it was inferred, that it
was my act ; because I was opposed. But, my Lords, I hope
I might say ' I was opposed/ without any offence, or without
taking the orders of the Council-table to myself : for 'tis well
known, the work of that repair, under God, was mine ; and
I took no indirect, no oppressing way to it ; nor can I now
be ashamed of that, which in future times, in despite of the
present malice, will be my honour. So that the care of the
work lying upon me, I might well say ' I was opposed,' though
the opposition went higher, against the orders of the Lords.
XII. The last charge of this day, was about the putting down
of two brewers in Westminster, because the excessive and
noisome smoke from thence much annoyed the King's house,
gardens, and park at S. James. These two were Mr. Bond**
and Mr. Arnold r.
1. For Mr. Bond, he begins with somewhat that I should
say at the Council-table: as namely, that fhe must seal a
bond of two thousand pounds, to brew no more with sea-
coal.' Now this argues, if I did so speak, that it was in
delivering to him the sense of the Board; which office (as
I have before expressed, and is well known) was usually put
upon me, if I were present. And your Lps. may here again
see, what envy hath followed me upon that, which I could
not decline. He says further, that upon this ' Mr. Attorney
Banks proceeded against him in the Exchequer;' that there, 257
upon some occasion, ' the Ld. Chief Baron should say, Ye are
wise witnesses for the King ;' that ' his counsel were forbid
0 [See the orders of Council relat- mentioned in Lords' Journals.]
ing to S. Gregory's Church, in Kush- i [' Edward Bond,' Lords' Journals.]
worth's Collections, vol. ii. pp. 462, r ['Michael Arnold,' Lords' Jour-
463.] nals.]
p [The name of this witness is not
OF ARCHBISHOP LAUD. 113
to plead ; and so a verdict passed for the King/ All this is Die Tertio
nothing to me ; I was neither Chief Baron nor witness, nor et
one of the jury that gave the verdict. He says, he was
informed, ' that l there was an order of Council made, that
no man should put up a petition for him/ But himself doth
not so much as mention, that this order was procured by me :
and it is but a report, that no petition might be delivered for
him ; and none of them that told him so, produced for proof :
so he scandalizes the Lords by hearsay.
Next he says, ' that the King graciously sent him with a
reference to the Council for satisfaction/ First, I must
believe, if he were so sent, the wrong being only the King's,
and he willing he should have satisfaction however for his
loss, " that the Lords would never refuse in such a case,
whatsoever is here said to the contrary. Secondly, it may be
observed, how gracious the King was to the subject ; that
though the annoyance was great to that house of his recrea
tion and retiring near the city, yet he would not have
Mr. Bond suffer without satisfaction : notwithstanding which
goodness of the King 2, he comes into this great Court ; and,
so he may have a blow at me, blasts (as much [as] in him lies)
all the King's proceedings, under the name of op(1.25)pression,
and that in a high degree/' He says also, ' that a friend of
his persuaded him to come to me, and offer me somewhat to
S. Paul's ; and that he did come to me accordingly, and that
I said I must have of him a thousand pound to S. Paul's;
that he was not unwilling to give it, because his brewing was
worth twice as much to him/ My Lords, I humbly desire
your Lordships to consider this part of the charge well.
First, what friend of his this was, that came so to him, he
says not, nor do I know, and so have no possibility to
examine. Secondly, he says not that I sent this friend of
his to him, thus to advise him ; and then his coming no way
concerns me. Thirdly, when he was come upon this friend's
persuasion, if he were willing to give a thousand pound to
S. Paul's, in regard of his double gain from his brewhouse, as
himself confesses 3 ; I do not see (under favour) what crime
1 ['he was informed, that' in margin.]
2 ['notwithstanding . . . the King,' in margin.]
3 ['as himself confesses ;' in margin.]
LAUD. — VOL. IV. I
114 HISTORY OF THE TROUBLES AND TRIAL
Die Tertio or oppression is in it. Lastly, I remember none of this, and
let him well weigh l his oath with himself : for I cannot call
to mind 2 one penny that he gave to S. Paul's : nor yet shall
I ever think it 3 a sin, to take a thousand pound to such a
work, from any rich and able man that shall voluntarily offer
it; especially upon hope of gaining twice as much.
To make this charge the heavier, he says, ' I sent him to
the Queen-mother8, who lay then at S. James's; and that
there he was laboured by some about her to change his
religion, and then he should have all favour.' This is a bold
oath ; let him look to it, for I sent him not. It may be
I might tell him, that if the Queen-mother were offended
with the annoyance from his house, it would not be in my
power to help him; which was true. And that about his
religion, was added, to make your Lps. think, that I sent
him thither for that purpose : but God be thanked, this
witness says not any one word tending that way. And for
[the] Queen-mother, since she is thus 4 mentioned, I shall 258
crave leave to say two things : the one, that I did both in
open Council, and privately, oppose her coming into England,
with all the strength I had ; though little to my own ease, as
I after found : the other, that after she was come, the Lords
of the Council went in a body to do their duty to her : that
time I could not but go ; but never, either before or after,
was I with her.
Then he concludes, ( that there was a capias out for
him, and that he was fain to make an escape by night,
which he did to Alderman Pennington, who very nobly suc
coured him privately in his house.' All which concerns me
nothing.
2. The other witness is Mr. Arnold ; who told as long a
tale as this, to as little purpose. He speaks of three brew-
houses in Westminster, ' all to be put down, or not brew with
sea-coal; that Secretary Windebanck gave the order/ Thus
1 [A word erased before ' weigh ']
2 [' I cannot call to mind' originally * I do not rem.' (sic.)]
3 [' think it' originally ' take it ']
4 [' thus ' interlined. Originally written, ' mentioned in this way,']
[Mary de Medici?. She came to England in Oct. 1637.]
OF ARCHBISHOP LAUD. 115
far it concerns not me. He added, 'that I told him they Die Tertio
burnt sea-coal.' I said indeed, I was informed they did ; and et ^uarto'
that I hope was no offence. He says, ' that upon Sir John
Bankes his new information, four Lords were appointed to
view the brewhouses, and what they burnt/ But I was none
of the four, nor did I make any report, for or against. He
says, ' Mr. Attorney Banks came one day over to him, and
told him that his house annoyed Lambeth, and that I sent
him over/ The truth is this : Mr. Attorney came one day
over to dine with me at Lambeth, and walking in the garden
before dinner, we were very sufficiently annoyed from a
brewhouse ; the wind bringing over so much smoke, as made
us leave the place. Upon this Mr. Attorney asked me, why
I would not show myself more against those brewhouses *,
being more annoyed by them 2 than any other ? I replied,
I would never be a means to undo any man, or^ put him
from his trade, to free myself from smoke. And this witness
doth after confess, that I said the same words to himself.
Mr. Attorney at our parting said, he would call in at the
brewhouse : I left him to do as he pleased, but sent him not:
and humbly desired Mr. Attorney may be examined of the
truth of this.
He further says, that he came over to me to Lambeth,
'and confesses the words before mentioned; and that he
offered me ten pound yearly to S. Paul's, and that I said he
might give twenty/ He says, that ' I sent him to Mr. At
torney; but withal told him, that if he found not such
favour as I wished him, it was a sign he had more powerful
adversaries than my friendship could take off/ In all this
I cannot see what fault I have committed. And I foretold
him truth : for though the business (126) were after referred
to Mr. Attorney and myself, (as himself says,) yet we were
not able to end it. Then he says, ' I would not suffer Sir
Ed. Powell, Mster. of the Requests, to deliver his petition to
the King/ But first, this is but Sir Ed. Powell's report, and
so no proof, unless he were produced to justify it. Secondly,
the world knows I had no power in Sir Edward : he would
1 [' those brewhouses,' originally written ' those brewhouses, than ']
2 [' by them ' in margin.]
I 2
116 HISTORY OF THE TROUBLES AND TRIAL
Die Tertio then willingly have delivered petition, or anything else, that
st Quarto. jic thought might hurt me : and the cause is known *.
Lastly, he says ', t Mr. Attorney sent out a capias for him ;
that the sheriff came by force to take him, and what hard
shift he made to escape : that after, upon his petition, the
Lords gave him six months' time to provide himself else
where; and that he was fain to give five hundred pound
bond not to brew there/ To all this I then said, and say 259
still : First, here's no one thing charged upon me in parti
cular. Secondly, here's not a word of my advice or endeavour
to set on Mr. Attorney, or to move the Lords to anything
against him. And whereas it hath been urged, that my power
was such, that 2 I swayed the Lords to go my way : this
cannot be said, without laying an imputation upon the Lords,
as if they could so easily be over-wrought by any one man,
and that against law ; which is a most unworthy aspersion
upon men of honour. And if all this were true, it is but
treason against 3 a brewhouse. Nor yet may this be called
slighting of any evidence, which is but to answer home
in my own just defence. "And out of this I gave my
answer to Mr. Browne's summary charge against me in the
House of Commons, for that which concerned these two
brewers 4 V
And here, before I close this day, give me leave, I beseech
your Lps., to observe two things : First, that here have
1 [' he says,' originally ' he tells me,']
2 [' that ' originally ' as that '] 3 [' against ' in margin.]
4 ['charge . . . brewers.' on opposite page.]
1 [Edward, son and heir of Edward answer to the evidence given in the
Powell of Fulham and Pengethly, morning; and that Mr. Dell, his
was created a Baronet, Jan. 18, 162£.] Secretary, shall be permitted to be
u [It appears from the Lords' Jour- with him during the trial of his busi-
nals, that on Monday, March 18, the ness." It was ordered in the after-
Archbishop, after the hearing of the noon sitting, " That this House will
two last-mentioned cases, concerning further proceed against the Arch-
S. Gregory's Church and the brewers, bishop of Canterbury, on Friday
made his reply to the charges brought morning, at nine of the clock; and
on the previous Saturday; that the that in the meantime, his counsel
House then adjourned to an afternoon shall have recourse unto him, accord-
sitting, when the Archbishop replied ing to the former orders of this
to the evidence in the case of the House ; and shall have a salvo to
brewers. It was ordered in the make use of the Record of Edward III.,
morning sitting, " That Ihe Arch- mentioned by the Archbishop this
bishop shall have liberty till four of day in his defence.]
the clock this afternoon, to make his
OF ARCHBISHOP LAUD. 117
been thirteen witnesses at least produced in their own cause. Die Tertio
Secondly, that whereas here have been so many things et Quarto<
urged this clay about the Star-Chamber and the Council-
table ; the Act made this Parliament x, for the regulating of
the one, and the taking away of the other, takes no notice of
anything past ; and yet acts past (and those joint acts of the
Council, and not mine) are urged as treasonable, or con
ducing to treason, against l me. Nay, the Act is so far from
looking back, or making such offences treason, as that if any
offend in future, and that several times, yet the Act makes it
but misdemeanour, and prescribes punishments accordingly.
1 [' against ' originally ' in ']
* [16 Car. I. cap. x.]
118 HISTORY OF THE TROUBLES AND TRIAL
CAP. XXVI. 260
FRIDAY. THE FIFTH DAY OF MY HEARING.
I. THE first charge of this day was concerning the indictment
164± 22' °f Mr' Newcommin, a minister at Colchester, for refusing to
DieQuinto. administer the sacrament but at the rails a; and the prose
cution which followed against Burrowes for this. The two
witnesses of the particulars are Burrowes b and Mr. Aske c.
1. The testimony which Burrowes gave was: 'That Mr.
Newcommin would not administer the communion but at
the rail ; that he indicted him for receiving it there ; that
the foreman threw it out/ &c. If Mr. Newcommin did this,
complaint might have been made of him; but howsoever,
here's no one word of any command from me. And it seems
the factious malice of Burrowes was seen, that the foreman
at first threw away the indictment. He says, ' that upon
this he was called into the High Commission ; a warrant from
me; his house beset; Stockdall left the warrant with the
Mayor ; a habeas corpus not obeyed/ The warrant, by which
he was detained, was from the High Commission, not from
me : and himself says l, there were six or seven hands to
the warrant. But then he says2, 'My hand alone was to
another warrant 3 ; ' which is impossible, for there must be
three hands at the least, or no warrant can issue out : and
all his proof of this latter is, that he saw my hand ; which
I hope he may do, though other hands besides mine were
to it. For the habeas corpus, if the Mayor said, (for so
Burrowes adds,) ' he would obey my warrant, rather than the
King's writ, because it came first;' he was extremely ill-
advised : but if a mayor of a town give an indiscreet, or a
worse answer, I hope that shall not be imputed to me. And
1 [Some words here erased, beginning, 'though upon oath, speaks either'
the rest illegible.]
2 ['But then he says,' in margin. Originally written, 'And by-and-by he
says/] 3 ['to another warrant' originally 'to it']
a [This appears to be the case re- b [' Samuel Burroughs,' Lords' Jour-
ferred to in Accounts of Province for nals.]
the year 1639. Works, vol. v. p. 364.] c [• Richard Aske,' Lords' Journals.]
OF ARCHBISHOP LAUD. 119
if there be anything in this business, why is not Stockdall Die
the messenger produced, that knows those proceedings ?
Lastly, he speaks ' of a letter sent to Judge Crawly ed, and
showed to Judge Hutton6/ But first, he says not, that letter
was sent by me, or by my means. Secondly, he names not
the contents of the letter ; (127) without which, no man can
tell, whether it charge anything upon me or not. And until
the letter be produced, or sufficiently witnessed, (neither of
which is offered,) 'tis but like a written hearsay. And I hum
bly pray you to observe from himself, that the two reverend
judges looking into the business, said, it was a mere cheat
for money, and returned him back to Colchester : which is a
proof too, that the habeas corpus was obeyed ; for if he were
not brought up before them, how could he be returned by
them?
2. Then Mr. Aske, the second witness, was produced. He
said, ' there came players to town, and that some, which said
they came from me, were taken in a tavern upon Easter-eve
at unseasonable hours/ I know not of any that were sent
from me: but if any were, and kept any disorder in the
261 town, especially at such a time, Mr. Aske did very well to
question them. He says, that ' upon the matter I referred
him twice to Sir John Lambe, and that at the second time
he found the plot was to make him an instrument about the
rails, which he absolutely refused/ I did refer him (and it
may be twice) to Sir John Lambe ; but if Sir John l spake to
him about the rails, he had no commission from me so to do.
I understood Mr. Aske too well, to offer to make him an
instrument in such a business. " His zeal would have set the
rails on fire, so soon as ever he had come near them f."
Next he says, ' that Mr. Newcommin was indicted, as is
aforesaid, and that indictment found : that letters missive
were sent for him and his wife, by Stockdall/ If letters
missive by Stockdall, then they were sent by the High Com
mission, whose joint act cannot be charged upon me : and if
1 [' Sir John ' in margin. Originally ' he ']
d [Sir Francis Crawley. He was e [Sir Rich. Hutton, one of the Jus-
impeached by the Commons in 1641, tices of Common Pleas. He was the
for the part he took respecting ship- author of 'Reports.' (Wood, Ath. Ox.
money. See Rushworth's Collections, iii. 26.)]
vol. v. p. 329.] { Frigidius dictum. — W. S. A. C.
120 HISTORY OF THE TROUBLES AND TRIAL
Dio anything can be proved, why is not Stockdall produced? He
1 °* says, ' that he went into Holland to avoid the oath ex officio.
The oath ex officio was then the common, and, for aught I yet
know, then the legal course of that court : so I could not
help the tender of that oath unto them, had they stayed and
appeared. But the truth is, he was too guilty to appear ; for
his wife was a separatist, and himself confesses, that she came
not to the prayers of the Church. And as for him, I ever
found him the great maintainer of all wilful opposition against
the Church. He further says, he came to me to Croydon ;
and ' that there I told him, he might have put the indictment
against Mr. Newcommin in his pocket/ Indeed, my Lords,
if I' did say so, I think I spake it truly. For if he had borne
any respect to the reputation of the clergy, I think he might
have pocketed it for one sessions, without any prejudice at
all to the law or anything else. God knows, this is often done.
And if thereupon I added, as Mr. Aske says I did, ' that if
he were so strictly set against churchmen in the temporal
courts, he must look for as strict proceedings in the High
Commission/ I see no great crime in it ; for we are as strictly
bound to prosecute in the one, as he was in the other. And
if his clerk, as he says, ' was attached, who read l the indict
ment/ yet it is not said by himself that he was attached for
reading it. " And if it wrere so, that some jurors were
attached, and not Mr. Aske's clerk only, (as Mr. Browne
pressed it in the sum of his charge,) yet the answer comes all
to one. For no witness says, these jurors were called into
the High Commission for beiri^ jurors, or discharging that
legal duty. And then I hope a man's being of a jury shall
not excuse him for& answering any crime in any court that
hath power to call him : provided he be not called off at the
time of his service, or while he is under the privilege of that
court in which he is a juror. And according to this I
gave Mr. Browne my answer2. And howsoever, the attach
ment goes, of course, out from the Commission, and not
from me3."
1 [' who read ' in marg. Originally, ' for reading ']
2 [' And if it were . . . answer.' on opposite page.]
3 [Some words here erased so as to be illegible.]
£ 'from'
OF ARCHBISHOP LAUD. 121
The second charge of this dayb was about the censure Die
which fell on the inhabitants of Beckington in Somersetshire,
about their refusing to remove the communion-table according
to the order of their diocesan1 : about which were produced
three witnesses, to whos« evidence I shall answer in order.
262 1. The first was Wi. Longe, who says he was foreman of the
jury, when these men were indicted for a riot ; and that, ' as
he conceives, the parson spake with the judge about it, which
caused a sudden verdict/ The parson of the place spake
with the judge, and he conceives that produced a sudden
verdict. First, he doth but conceive so, and that can make no
proof. If it did make proof, 'tis only against the parson, not
against me. And if the parson speaking of it did say, (as
Mr. Longe affirms he did,) ' that this riot was like a Walden-
sian or Swisserland commotion/ he must answer for his own
distempered language ; me it cannot concern.
2. The second witness was George Longe. He says, ' the
Bp. of BathJ commanded the communion-table to be removed,
and set at the upper end of the chancel ; that the church
wardens refusing, were excommunicated/ But he says
withal, that they appealed to the Arches, and had remedy.
Then he adds further, ' that the Bp. proceeded again, but
the churchwardens would not remove it, saying it was an
innovation, and against law/ But, my Lds., 'tis neither :
and therefore these churchwardens were in a great contempt
against their Bishop, to the ill (128) example of all that
country. And that it is no innovation against law, appears
by the Injunctions of Queen Elizabeth, where it is com
manded expressly to be set there. The words are : ' The
holy table in every church ' (not cathedrals only) ' shall be
decently made, and set in the place where the altar stoodV
Now all men know, that with us in England the altar stood
north and south, at the upper end of the chancel ; and to set
it east and west had been cross the place where the altar
stood, and not in it. And this being law in the beginning of
the Reformation, cannot now be an innovation.
h [The Lords' Journals mention only ject are preserved in MSS. Lamb.,
the case of Colchester as entered into numb. 943, pp. 481 — 505.]
on this day] J [William Pierce.]
1 [This case is stated in full in k Tnjunct. of Q. Eliz. fine. [Tn Wil-
Prynne's Cant. Doom, pp. 97 — 101 : kins' Concilia, torn. iv. p. 188.]
and several papers on the same sub-
12.2 HISTORY OF THE TROUBLES AND TRIAL
*J'° When they came to me again, (as they say they did,) if I
then told them, ' they deserved to be laid by the heels for
the contempt of their Bp. ;' under favour, my Lords, I spake
truth. And give me leave, I beseech you, to tell you this :
it began to be a general complaint, not of the Bishop of Bath
only, but of other bishops also, that they could do little or
no service in their several countries, by reason of the inhi
bitions which issued out of my courts to stay their proceed
ings. And I wanted no good friends in Court to tell the
King as much, when anything was complained of. By this
I was brought into great straits : deny appeals I might not ;
frequent granting in my courts destroyed in a manner the
Bps'. jurisdictions. In this difficulty, seeing the wilfulness
of these men, and knowing they had received full benefit by
their appeal once already in the same case; I did refuse to
hear any more of it, (unless there were new matter ;) but yet
left them free to appeal to the delegates.
For Mr. Hughes1, the parson there, if ' he gave ill words,
or laid violent hands on any of his neighbours/ it concerns
not me : let him answer for what he hath said, or done. "Tis
further said, that ' Mr. Hughes was with me at Windsor, and
had letters from me to the Lord Chief Justice Finch/ But
this witness delivers not this upon his own knowledge; I
sent no letter by him, nor did he see me send by any other :
so this is merely a report, and he doth not so much as tell
from whom. Yea, but then he says, ' that Mr. Morgan/
a man inward with the judge, ' told him, that the judge told 263
him, that the little man had put a spoke in their cart ; and
thereupon/ as he conceives, ' the petty jury was changed.'
Here are, if your Lordships mark them, two great proofs.
The one is the witness's report of Mr. Morgan's report, that
the judge had said so of me : but why is not Mr. Morgan
produced to clear this? The other is not the knowledge,
but the conceit only of the witness : ' he conceives/ which, I
am confident, cannot sway with your Lps. for a proof.
" Besides, were Mr. Morgan never so inward with that judge,
yet it follows not that he must know all. And if that judge
1 [Alexander Huish was the name him, and mentions, among other
of the Incumbent. Wood (Ath. Ox. things, that he assisted Walton in
iii. 812) gives a favourable notice of the Polyglott Bible.]
OF ARCHBISHOP LAUD. 123
did mean me, (for name me he did not,) he did me the more ®'ie
wrong. For I never desired anything of any judge, him or "
other, but what was according to law. Nay, I so expressed
myself, as that, if by mistake or misinformation I had desired
anything which was not according to law, I humbly desired
my motion might be, as if it had never been made1."
3. The third witness is Mr. John Ashm. That which this
gentleman says is, ( that Sir John Lambe told that man which
came about that business2 [he] could have no appeal ad
mitted without me ; and that if he would be so troublesome,
he should be laid by the heels/ I have3 given your Lps. an
account, why he could not have an appeal without me : he
had had the benefit of an appeal before in the same cause.
And for this witness, he delivers no knowledge of his own ;
but only he says, the man employed related it to him : so 'tis
a relation, no proof. He says, ' the penance was enjoined
them in three churches0/ And truly, my Lds., their disobe
dience to their Bishop was great ; but if the penance enjoined
were too heavy, it was the act of their own Bp., not mine.
Then he says, ' that the Ld. Finch told him, another power
ful hand was upon him, intimating me/ First, this is no
knowledge of the witness, but a speech of the Lord Finch.
Secondly, if the Ld. Finch did say so, of a powerful hand,
he wronged me much, but himself more, to confess he could
be drawn awry in judgment. Thirdly, this witness says not
that he named me, but that he ( intimated me :' I pray your
Lps'. judgment, what a forward witness4 this man is, that
can upon oath deliver what is intimated, and of whom.
He says further, ' that upon petition to Sir Wi. Portman,
for some assistance, the Bishop of Bath laid all upon me ;
and that when himself came to me at the Tower, since my
restraint, I told him the Bp. of Bath did like an obedient
Bp. to his Metropolitan/ For this, my Lords, here is no
proof that the Bishop laid this business upon me, but Sir
W. Portmaii's report. Sir William is a worthy gentleman ;
1 ['it follows . . . made.' on opposite page.]
2 ['told . . . business/ in marg. Originally, 'told him he']
3 (Originally written ' This was '] * [' witness ' interlined.]
m [Lord of the Manor of Beckington, n [Beckington, Frome Selwood, and
nd M.P. for Westbury.] SS. Peter and Paul in Bath.]
124 HISTORY OF THE TROUBLES AND TRIAL
Die why is not he produced ? Why is not the Bishop, that is
said to lay all upon me, brought into the court, that he may
clear himself and me, if he said it not ; or that I may make
him ashamed, if he said it ? For 'tis confessed, that in the
first business, the churchwardens had remedy by their appeal
to me; but that then the (129) Bishop began again, as the
former witness declared : nor knew I anything of this busi
ness till the appeal came. As for my answer to himself, that,
under favour, is quite mistaken : for I did not say, that in
this particular, but that in his general proceedings in his 261
diocese, ' the Bishop of Bath carried himself like an obedient
Bp. to his Metropolitan/ Nor can my words be drawn to
mean this particular : for how could I say, that in this parti
cular he carried himself like an obedient Bishop to me, when
after remedy given to these men by their first appeal into my
court, he began with them again upon the same cause?
Besides, my Lords, this is not the first time Mr. Ash hath
mistaken me. ee Mr. Browne, in summing up this charge
against me, falls twice very heavily upon this business of
Beckington. First, for the point of religion : and there he
quoted a passage out of my speech in the S tar-Chamber,
•where ' I do reserve the indifferency of the standing of the
communion-table either way0/ and yet, saith he, they were
thus heavily sentenced for that which I myself hold indif
ferent. But first, this sentence was laid upon them by their
own bishop, not by me. Secondly, the more indifferent the
thing was, the greater was their contumacy to disobey their
ordinary : and had it riot been a thing so indifferent, and
without danger of advancing Popery, would Queen Elizabeth,
who banished Popery out of the kingdom, have endured it
in her own chapel all her time ? Thirdly, the heaviness of
the sentence so much complained of was but to confess their
contumacy in three churches of the diocese, to example other
men's obedience. Secondly, for the same point, as it con
tained matter against law, I answered Mr. Browne as I had
before answered the Lords l P."
1 [' Mr. Browne, in summing up ... Lords.' on opposite page.
0 [Speech against Burton, Prynne, See Works, vol. vi.]
and Bastwick,] p. 54 [of orig. Edit,; P P. 128 [of orig. MS. See above,
p. 180 in marg. in this present reprint, p. 121.]
OP ARCHBISHOP LAUD. 125
The third charge was about certain houses given to S. Ed- Die
mund's, Lombard-street,, where old Mr. Pagett is parson
1J
The witnesses are two.
1. The first is Mr. Symms ; who says, ' that after a1 verdict,
Mr. Pagett, the incumbent, upon a pretence, that these tene
ments, were church-land, got a reference to the Ld. Bishop
of London, then Lord Treasurer, and myself/ My Lords,
we procured not the reference : but when it was brought to
us under the King's hand, we could not refuse to sit upon it.
Upon full hearing, we were satisfied that the cause was riot
rightly stated, and therefore we referred them to the law
again for another trial; and for costs to the Barons of
that court. " And this was the answer which I gave to Mr.
Browne, when he instanced in this case2." He says, ' the
houses were given to superstitious uses/ But possessions
are not to be carried away for saying so. If men may get
land from others, by saying it was given to superstitious
uses, they may get an easy purchase. And Mr. Symms is
here in his own case : but whether the houses were given to
superstitious uses or not, is the thing to be tried in law, and
not to be pleaded to us3. He complains, ' that I would not
hear his petition alone :' and surely, my Lords, I had no
reason, since4 it was referred to another with me. And yet
I see, though I was not in the reference alone, nor would
hear it alone, yet I must be alone in the treason. And here
I desired that Mr. Pagett, the incumbent, might be heard.
2. The other witness was Mr. Barnard. He says, he was
present at the hearing, ' and that Mr. Symms said he was
undone, if he must go to a new trial/ But, my Lords, so
many men say, that by their troublesomeness in lawsuits go
265 about to undo others. He says, 'that Mr. Pagett named his
own referees/ If that be so, 'tis no fault of mine. He says,
' the reference was made to us only to certify, not to make
any order in it/ If this be so, here's no proof so much
' a ' interlined.] 2 [' And this . . . case.' in marg.]
' to us.' originally written, ' here.']
' reason, since' originally 'reason, for since ']
i [Ephraim Pagit, or Paget, the Kent, where he died, according to
author of the ' Heresiography.' He Wood, in 1647. In the Preface to the
was so molested in the beginning of sixth edition of the ' Heresiography,'
the Rebellion, that he gave up his he is said to have died in 1650, aged
living, and retired to Deptford, in 84. (Wood, Ath. Ox. iii. 210, 211).]
126 HISTORY OF THE TROUBLES AND TRIAL
Dic. as offered, that we did not certify, as we were required, and
then had power given to order it, which we did. And he
confesses the counsel on both sides had full hearing before
aught was done.
IV. The fourth charge of this day was concerning the impri
sonment of one Grafton, an upholster in London. The
witnesses three ; of which, —
1. The first is Grafton, in his own cause; and His much if
he cannot tell a plausible tale for himself. He says first,
'that twelve years ago he was committed, and fined fifty
pounds, by other commissioners/ By others, my Lords;
therefore not by me ; and an act of the High Commission,
by his own words, it appears to be1. He says, ' he was con
tinued in prison by my procurement, as he verily believes/
First, ' as he verily believes ' is no proof. And the ground of
his belief is as weak ; for he gives no reason of it but this, ' that
Dr. Ryves, the King's Advocate1, spake with the Barons/
but he doth not say about what, or from whom2. He adds
further, ( that Mr. Ingram, keeper of the Fleet, would not
give way to his release3, notwithstanding the Barons' orders,
till he heard from me/ Here's no man produced, that heard
Mr. Ingram say so, nor is Mr. Ingram himself brought to
testify. Lastly, he says, ' that he then made means in court,
and so repaired to the Barons again, but all in vain ; and that
Baron Trevor8 cried out, 'O the Bishop! O the Bishop!'
First, here's a confession of means in court made to the
judges; so belike, they may have means made to them, so it
be not by me. For the particular, I did humbly desire the
Baron, being then present, might be asked. He was asked ;
he blushed and fumbled, the Lords laughed, and I could not
hear what he said.
2. The second witness was Mr. Lenthall ; but he said
nothing but that ' there was an order for Grafton's liberty/
which is not denied.
1 ['be.' originally written 'me.'] 2 ['but . . . whom.' in margin.]
3 [' release,' originally ' release, till ']
r [Thomas Ryves ; he was after- been already fined, on his impeach-
wards employed by King Charles at ment by the Commons, though per-
the treaty of Newport. See a notice mitted to continue in his office. See
of his Life in Wood, Ath. Ox. iii. 304.] the articles against him in Rushworth's
• [Sir Thomas Trevor, one of the Collections, vol. v. pp. 339 seq.]
Barons of the Exchequer. He had
OF ARCHBISHOP LAUD. 127
3. The third was Mr. Eivett. He says, ' that Mr. Ingram Die
said that Grafton was a Brownist, and must be brought into
the Fleet again, because he did much hurt among the King's
subjects/ This is a bare report of a speech (130) of Mr.
Ingram; it no way concerns me. And a separatist he is
from the Church of England ; but whether a Brownist or no
I cannot tell, there are so many sects, (God help us !) And
much harm he hath done among weak people ; for most true
it is, which S.Cyril1 observes, TIpoeToi/jid^ei, 6
o"%icr fiara T<£>V \au>v, 'iva evTrapaSe/cros ^evrfrau o
' That the Devil prepares these schismatical separations, that
so much the more easily the enemy may be received/ As
for this man, he was in his way2 cunning enough; for, under
pretence that he suffered by me, he got Madame Vantlett,
and other of the French, to negotiate with the Queen's
Majesty in his behalf. And this I found, that sometimes,
when her Majesty knew not of it, they sent to the Barons for
favour for him. " And yet I never heard that Baron Trevor
ever cried out, ' O the French ! O the French ! ' Nor can
I tell what stopped his mouth in this cry, and opened it so
266 wide in the other, when we moved to defend ourselves and
our proceedings. Where, I humbly desire, this passage of the
law may be considered. In the case of depraving the
Common Prayer-book, (so much scorned and vilified at this
day,) and for not coming to church, the words of the law
are, — ( For due execution hereof, the Queen's most excellent
Majesty, the Lords Temporal, and all the Commons in this
present Parliament assembled, do in God's name earnestly
require and charge all the archbishops, and bishops, and"
other ordinaries, that they shall endeavour to the uttermost
of their knowledge that the due and true execution hereof
may be had throughout their dioceses and charges, as they
will answer before God/ &c.u Now, if I do not this, here's
an apparent breach of the law ; and if I do it against this
common and great depraver of this book, then the judge,
who by this law should assist me, cries, ' O the Bishop ! ' And
1 [Originally, « S. Cyril of Jerusalem ']
2 ['for most. ..way' on opposite page. It was originally written, 'as I
have been afterwards informed, and cunning enough he was;']
* Cyril. Hierosol. Cateche. xv. [§ 9, u 1 Eli?:, c. 2. [§ 15-1
p. 227. Paris, 1720.]
]28 HISTORY OF THE TROUBLES AND TRIAL
Die this answer I gave Mr. Browne, when he summed his charge
Quinto- against me1."
V. The fifth charge of this day was Mr. John Ward's case, in
a suit about simony in the High Commission.
He says (for he also is in his own cause), 'that upon a
pretence of a lapse by simony, I procured a presentation from
the King to the church of DunningtonV His Majesty
trusted me with the titles, which did accrue to him in that
kind ; and because simony had been so rife, commanded me
to be careful I might not betray this trust ; and therefore,
the simony being offered to be proved, I procured his Ma
jesty's presentation for trial of the title. And this, I conceive,
was no offence; though this be that which he calls 'the
heaviness of my hand upon him.' He further says, ( that I
sent to the Bishop of Norwichw to admit the King's Clerk,
the church being void, 7 Junii, 1638.' Nor do I yet see, my
Lords, what crime it is in me, trusted especially as before,
to send to the bishop to admit, when the church is void.
Many lay patrons do that upon allegation of simony, before
proof2; "and Mr. Bland, produced as a witness also, says
that the Lord Goring x prevailed with the Ld. Bishop of
Norwich not to admit. And I hope an Archbp., and
trusted therein by his Majesty, may as lawfully write to the
ordinary for admission of the King's Clerk, as any lay lord
may write against it. But Mr. Ward says nothing to-3 this
of the Lord Goring; but adds, that Sir John Rowse ^ pre
vented this admission by a Ne admit tas, Junii 12; and that
thereupon I said, ' it was to no purpose for us to sit there, if,
after a long trial and judgment given, all might be stopped.'
If I did say so, I think it is a manifest truth that I spake ;
for it were far better not to have simony tried at all in ecclesi
astical courts, than after a long trial to have it called off into
Westminster Hall, " to the double charge and trouble of the
1 ['proceedings. Where/. . . me.' on opposite page.]
2 ['proof;' orig. 'proof. He adds, that Sir John Rowse' (as below in text.)]
3 [' to ' originally ' in ']
v [Ezekiel Wright was presented by w [Rich. Montagu.]
the Crown to Dennington, (which is x [George Goring, first Baron Go-
the correct name of the place,) April 3, ring.]
1637. The living is stated to have >' [Sir John Rowse, of Rowsclench,
beeii vacant by reason of Simony, in Warwickshire.]
(Uymcr, Fml IX. ii. 143.)]
OF ARCHBISHOP LAUD. 129
subject. But if the law will have it otherwise, we cannot Die
help that. Nor is this expression of mine any violation of ^uinto-
the law."
Then he says, a ( letter was directed from the Court of the
High Commission to the judges, to revoke the Ne admittas ;
and that I was forward to have the letter sent/ How for
ward soever I was, yet it is confessed the letter was sent by
the court, not by me. And let the letter be produced, it
shall therein appear, that it was not to revoke the Ne admittas,
267 but to desire the judges to consider, whether it were not fit
to be revoked, considering the church was not void till Junii
14. And it hath been usual in that court to write or send
some of their body to the temporal judges, where they con
ceive there hath been a misinformation or a mistake in the
cause, the judges being still free to judge according to law,
both for the one and the other. And here he confesses the
writ of Ne admittas was revoked by three judges, and there
fore, I think, legally.
But here he hopes he hath found me in a contradiction.
Tor when I writ to the Bishop of Norwich, Junii 7, 1638,
I there said the church was void ; whereas this letter to the
judges says it was not void till Junii 14.' But here is 110
contradiction at all ; for after the trial past, and the simony
proved, the church is void to so much as the bishop's giving
of institution ; and so I writ Junii 7. But till the sentence
was pronounced in open court, and read, the church was not
void as touching those legalities, which, as I humbly conceive,
do not till then take place in Westminster Hall ; and the
reading of the sentence was not till Junii 14. However, if
I were mistaken in my own private letter to the Bishop, yet
that was better thought on in the letter from the High-Com
mission to the judges. He says lastly, ' that upon a Quare
impedit after taken forth, it was found that the King had no
right/ Why, my Lords, if different courts judge differently
of simony, I hope that shall not be imputed to me. In the
court where I sat, I judged according to my conscience, and
the law, and the proof, as it appeared to me. And for Dr.
Reeves2 his letter, which he says ' was sent to the cursitor to
e [The name is thus spelt in the MS. The person meant is Dr. Ryves,
mentioned above, p. 126, note r.]
LAUD. — VOL. iv. K
130 HISTORY OF THE TROUBLES AND TRIAL
Die stop the Ne admittas, let Dr. Reeves answer it : the witness
himself confesses, that Dr. Reeves says the command to the
cursitor was from the Lord Keeper, not from me. "And here
ends the treason against Mr. Ward ; and till now I did not
think any could have been committed against a minister."
VI. Then followed the case of Ferdinando Adamsa his excom
munication, and the suits which followed it : as it will appear
inb the witnesses following, which were four.
(131) 1. The first was Mr. Hen. Dade, the commissary
then before whom the cause began ; and he confesses * he
did excommunicate Adams for not blotting out a sentence of
Scripture, which the said Adams had caused to be written
upon the church wall, as in many churches sentences of
Scripture are written.' But he tells your Lps. too, that this
sentence was, ' My house shall be called the house of prayer ;
but ye have made it a den of thieves0/ The commissary's
court was kept (as usually it is) at or toward the west end of
the church; and just over the court Adams had written this
sentence upon the wall, merely to put a scorn and a scandal
(though I hope an unjust one) upon that court. " He was
commanded to blot it out. He would not, because it was
Scripture; as if a man might not revile and slander, nay,
speak treason too, (if he will be so wicked,) and all in Scrip
ture phrase : witness that lewd speech lately uttered, ' To
your tents, O Israel d/ &c." Upon this he was excommuni
cated, and I cannot but think he well deserved it. For the
suit which followed against Mr. Dade in the Star-Chamber;
the motion, ' that Mr. Attorney would leave him to the 268
common prosecutor, and not follow it in his own name/
himself confesses was made in open court by Mr. Bierly, and
that from me he had no instructions at all.
2. The second witness is Adams, in his own cause. To
the place of Scripture I have spoken already. And the next
that he says is, 'that Sir Nath. Brent, in my visitation,
commanded the setting of the communion-table at the upper
end of the chancel ; that upon his not blotting out the
passage of Scripture, he had an action, and that his solicitor
a [Adams was one of the church- b 'by'
wardens of S. Mary-at-Tower, Ipswich. c S. Mat. xxi. 13.
See more particulars of this case in d 1 Reg. xii. 16.
Prynne, Cant. Doom, p. 101.]
OF ARCHBISHOP LAUD. 131
was committed by J. Jones, till he relinquished his suit/ In Die
all this there is not one word of anything that I did. And for Qainto-
that which Sir Nath. Brent did about placing the communion
table, 'tis answered before e. He says also, ' that when he
saw that he must prosecute his suit against Commissary
Dade in his own name, he left the kingdom/ And surely,
my Lords, if he would leave the kingdom, rather than prose
cute his cause in his own name, 'tis more than a sign, that his
cause was not very good.
3. The third witness was Mr. Cockshot, one of Mr. At
torney Banks his servants. He says, ' that Adams moved
him, and he Mr. Attorney, and that thereupon Mr. Attorney
gave his warrant against Dade/ By which your Lps. may
see how active Mr. Cockshot was1 against a church-officer,
and in so foul a scandal. He says also, ' that Mr. Dade came
to Mr. Attorney, and told him that I did not think it fit a
prosecution in such a cause should be followed in Mr. At
torney's name/ First, 'tis true, I did not think it fit ; nor
did Mr. Attorney himself, when, upon Mr. Bierlye's motion,
he fully understood it. Secondly, the cause being so scan
dalous to a church-officer, I conceive I might so say to Mr.
Dade, or any other, without offence. But then thirdly,
here's not one word that I sent Mr. Dade to Mr. Attorney
about it : he came and used my name 2, so Mr. Cockshot says,
but not one word that I sent him. Lastly, he says, ' that
Mr. Attorney told him that I blamed him for the business,
and that thereupon he chid this witness, and sent him to me,
and that I rebuked him for it ; but he particularly remembers
not what I said/ Nor truly, my Lords, do I remember any
of this. But if I did blame Mr. Attorney for lending his
name in such a scandalous cause as this, I did (as I conceive)
what became me : and if he chid his man, he did what
became him : and if I rebuked Mr. Cockshot, when he was
sent to me, sure he deserved it ; and it seems it was with 110
great sharpness, that he cannot remember anything of it.
" And so I answered Mr. Browne, when he instanced in
this."
1 ['was' in margin.] 2 ['and used my name/ in margin.]
In the second charge of this day, p. 128 [of original MS. See above, p. 121.]
K2
132 HISTORY or THE TROUBLES AND TRIAL
Die 4. The last witness was Mr. Pryn, who says, ' no appeal
Qumto. wag jeft n^m , But tha^ under favour, cannot be ; for, if my
courts refused him (which is more than I know), he might
have appealed to the Delegates. He says, 'that he advised
Adams to an action of the case ; that he blamed Lechford for
deserting the suit; arid that he advised him to go to Mr.
Attorney/ So here's no assistance wanting to Adams, but
the church-officer, Mr. Dade, must have none. Yet I blame
not Mr. Pryn, because he says he did it as his counsel. He
says further, ' that when Adams was put to prefer his bill in
his own name, that then the excommunication was pleaded in 269
bar :' but he doth not say it was pleaded by me, or my
advice ; nor do I hear him say it was unjustly pleaded. Arid
had not Adams been wilful, he might have taken off the ex
communication, and then proceeded1 as it had pleased him.
VII. Then the charge went on against me, about the stop of
Mr. Bagshawe, the Reader of the Middle Temple f. The
witnesses are two lawyers, which accompanied Mr. Bagshawe
to Lambeth, Mr. White e and Mr. Pepys. They say, that
Mr. Bagshawe ' insisted upon these two points : first, that a
Parliament might be held without bishops ; and secondly,
that (132) bishops might not meddle in civil affairs/ My
Lords, these things are now settled by an Act of this Parlia
ment11; but then they were not. And I conceive, under
favour, that Mr. Bagshawe (the craziness of these times con
sidered) might have bestowed his time better upon some
other argument : and sure, no man can 2 think, that either
myself, or any church-governor, could approve his judgment
in that particular. And whereas they say, ' that the Lord
Keeper Finch and the Lord Privy Seal1 told them, that I
1 [' proceeded ' originally written ' proceeded to his ']
2 [' can ' in marg. ]
' [Edward Bagshawe began his read- man of the Committee for Eeligion.
ings at the Temple Feb. 24, 16-ff, on He was commonly called 'Century'
the statute of 35 Edw. III. cap. 7, in White, from the title of his celebrated
which he insisted on the two points book, 'The First Century of Malignant
mentioned in the text. He afterwards Priests." (Wood, Ath. Ox. iii. 144,
joined the King's party, and was com- 145.)]
mitted to prison by the rebels. (Wood, h [16 Car. I. cap. xxvii. : repealed
Ath. Ox. iii. 619.)] by 13 Car. II. cap. ii.]
f [John White. He was one of the ! [Henry Montagu, first Earl of
feoffees for impropriations, and, in Manchester.]
1640, M.P. for Southwark, and Chair-
OF ARCHBISHOP LAUD. 133
was the man that complained of it to the King and the Die
Lords/ 'tis most true I did so; and I think I had been Qumto*
much to blame if I had not done it. And if, when they came
over to Lambeth about it, they heard me tell Mr. Bagshawe
(as they also say they did) ' that he should answer it in the
High-Commission Court next term ;' I humbly conceive this
no great offence ; but out of all question no treason, to
threaten the High-Commission to a Reader of the Inns of
Court.
The last charge of this day was concerning the Lord Chief VIII.
Justice Richardson j, and what he suffered for putting down
wakes and other disorderly meetings, in Somersetshire, at the
assizes there holden k.
The single witness to this is Edward Richardson, (a kins
man of the judge's, as I suppose.) He says, ' that complaints
were made to the a judge of wakes and feasts of dedication ;
that his Majesty writ letters about it to Sir Robert Philips1,
and others : they certify a command comes by the Ld. Keeper
to revoke the order next assizes. First ; 'tis not done. Then,
by command from the Lds. of the Council, the judge upon
that second command 2 revokes it ; but as 'tis certified, not
fitly.' In all this here's not one word that concerns me.
Then he says, ' that upon this last certificate, the business
was referred to the Lord Marshal and myself, and the judge
put from that circuit.' I cannot now remember what report
we made : but whate'er it was, the Ld. Marshal01 agreed to
it as well as 'I. Then a letter of mine was produced of
Octob. 4, 1633n. But the letter being openly read, nothing
was found amiss in it. And, under your Lps'. favour, I am
still of opinion, that there is no reason the feasts should be
taken away for some abuses in them ; and those such as every
Justice of Peace is able by law to remedy, if he will do his
1 ['the 'interlined.]
2 [' upon that second command ' in margin.]
J [Sir Thomas Eichardson,] was Speaker of King James's first Par-
k [The documents relating to this liament, and his son M.P. for the
question of wakes are given at great county in the Long Parliament.]
length in Prynne's Cant. Doom, pp. m [Thomas Howard, Earl of Arun-
128, seq.] del.]
' "Mr Re '
[Sir Robert had been M.P. for the n [To the Bishop of Bath and Wells,
county of Somerset, in three Parlia- It will be found among the Collected
ments ; his father, it may be added, Letters in vol. vi.]
134 HISTORY OP THE TROUBLES AND TRIAL
Die duty. " Else by this kind of proceeding ], we may go back
to the old cure, and remedy drunkenness by rooting out2
all the vines • the wine of whose fruit causes it." As for
' the pretences/ which this witness spake of ; they were none
of mine, as appears evidently by the letter itself.
An Appendix to these, was added a letter of my secretary, 270
Mr. Dell, to Sir John Bridgman, Chief Justice of Chester, in
a cause of one Ed. Morris. It was (as I think it appears)
upon an encroachment made in the Marches Court upon the
Church : in which case I conceive by my place I may write
to any judge for information : and there is nothing peremp
tory in the letter. The words are, ' if things be rightly sug
gested/ But howsoever, the letter is Dell's; and if he have
done amiss in it, he is here present to answer. And it will
be a hard business with men of honour, if, when any lord
shall command his secretary to write, and give him directions
for the matter, he shall afterwards 3 be answerable for every
slip of his secretary's pen ; especially in so high a way as 'tis
charged on me. But the best is, here's nothing amiss, that
I know.
1 [' of proceeding,' in margin. Originally 'of law/]
2 ['rooting out' originally written 'taking away']
3 [' afterwards ' in marg.]
OF ARCHBISHOP LAUD. 135
CAP. XXVII.
THE SIXTH DAY OF MY HEARING.
THE first charge of this day concerned the censure, depri- I.
vation and imprisonment of Mr. Huntly. The witnesses
produced are four. 1644.
1. Mr. Merifield comes on first. He says, < that himself1 D
was committed by the Lords of the Council ; and that there
I said, that he the said Merifield2 deserved to be laid by the
heels, and to be called into the Star-Chamber/ This man
was, as I take it, Mr. Huntly's attorney ; and if I did speak
those words concerning him, surely his words and carriage
deserved it : else I am confident the Lords (1 33) would not have
committed him for a naked and3 an orderly following of his
client's cause ; especially in the presence of two judges,
Justice Jonesa and Justice Crookb; who he says himself were
present. "And this answer I gave Mr. Brown ; who in the
sum of his charge against me omitted not this case of Mr.
Merifield, for so was this attorney's name."
2. The next witness is Mr. Huntly himself. He says,
' that I said unto him, that he being an ecclesiastical person,
and in an ecclesiastical cause, ought not to decline the Church-
censure : then followed his imprisonment, and his action for
false imprisonment, and the rest of his proceedings/ In all
which the High-Commission proceeded against him, and he
proceeded against the High-Commissioners ; nothing done by
me, or against me, in particular. So nothing of this charge
falls upon me, but the words ; and for them, they are very far
from offering to exempt c any clergyman, him or other, from
the temporal laws, in things cognizable by them. But I humbly
r' that himself originally written ' Mr. Huntley ']
'that he the said Merifield' originally written 'Mr. Huntly ']
a naked and' interlined.]
a [Sir William Jones, one of the Justices of the King's Bench, the
Justices of the Common Pleas. (Wood, author of the Keports. (Wood, Ath.
Ath. Ox. ii. 673.)] Ox. iii. 26-29.)]
b [Sir George Croke, one of the c 'exclude from the benefit
136 HISTORY OF THE TROUBLES AND TRIAL
Sexto, conceive, his oath of canonical obedience considered, that he
ought not to decline the ecclesiastical judicature, in things
merely ecclesiastical. And if in this my judgment I do err, yet 271
it is error without crime : and surely, my Lords, no treason.
3. The third witness is John Dillingham. He says, 'that
Mr. Huntly moved before the Ld. Chief Justice Richardson,
and that the judge replied, By his faith he durst not do him
justice/ To this, my Lords, I answer : Here's never a word,
that he durst not do him justice for fear of me; that's not
said by the witness, and ought not by conjectures be enforced
against me. But howsoever, if he spake those words, the
more shame for him. He * is dead, and I will not rake into
his 2 grave ; but if he so spake, it seems he was none of those
judges, which Jethro advised Moses to make for the ease
of himself, and the good of the people d. "Mr. Brown, in
summing up of his charge, pressed this speech of the judge
hard upon me ; which enforces me to add thus much more,
That this witness lays it hard upon the judge, not upon me :
for no proof is offered, that I did solicit him in that cause :
and if he wanted courage to do justice, why sat he there *?"
4. The fourth witness was Mr. Pit, a sworn officer ; he
says, ' the order concerning Mr. Huntly was from the Council,
and that there was then a full Board/ So this was no single
act of mine. He says further, ' that he was not simply
prohibited, but only till he had acquainted the Ld. Keeper
with it *, or those judges whose courts it concerned/ And
this was so ordered, as I conceive, to remedy the tedious and
troublesome interpositions of Mr. Huntly. Where it is not
unfit for me to inform your Lps'., that this cause of Mr.
Huntly's was in my predecessor Archbp. Abbot his time;
I had nothing to do in it, but as any other ordinary Commis
sioner then present had.
And here, at the entering upon my answers this day, I did
in general put the Lords in mind, that nothing of late times
was done, either in Star-Chamber or at Council-table, which
was not done in King James' and Queen Elizabeth's times,
1 [' He ' originally ' But he '] 2 [' his ' interlined.]
3 [' Mr, Brown, . . . there ]' on opp. page.] * [' it,' interlined.]
Exod. xviii. 21.
OF ARCHBISHOP LAUD. 137
before I was born ; and that many Parliaments have been Die Sexto.
since, and no man accused of misdemeanour for things done
there, much less of treason : nor is there any one witness,
that hath charged me, that that which I did, was ' to over
throw the laws, or to introduce arbitrary government :' " that's
only the construction made on't at the bar ; which, as it is
without all proof for any such intention, so I am confident
they shall answer for it at another bar, and for something
else in these proceedings."
Then followed the charge about prohibitions : in which II.
are many particulars, which I shall take in order, as the
several witnesses charge them upon me.
1. The first is Mr. Pry n. He says, ' that an. 4 Caroli he
brought a prohibition, and that thereupon I should say,
Doth the King give us power, and then are we prohibited ?
Let us go and complain/ First, if this were an. 4 Caroli, it
was long before the Article ; so that I could neither expect
the charge, nor provide the answer. Secondly, I humbly
conceive, there's no offence in the words. For if a prohibition
be unjustly granted upon misinformation or otherwise, or if
we do probably conceive it is ill grounded *, I hope 'tis no sin
272 to complain of it to the King, the fountain of justice in both
courts. 2. Yea ; but he says further, ' that I said I would lay
him by the heels that brought the next/ And this Mr. Burton
witnesses with him. First, if I did say so, they were but a
few hasty words : for upon second thoughts it was not done.
Next, I desire your Lordships to consider what manner of
witness Mr. Burton is ; who confesses here before your Lord
ships, that he brought the next with a purpose to tempt me :
you know whose office that is ; and so Mr. Burton hath
abundantly showed himself, and proclaimed his religion.
(134) 3. As for Mr. Comes6; he says just the same with
Mr. Pryn, and I give the same answer.
Then about taking down of a pew in a church in London,
(my notes are uncertain for the name,) which pew was set
above the communion-table ; that I required to have it pulled
down j that they came to me to have an order for it ; and
1 [' or if . . . grounded,' in marg. ]
e f. Combs.
138 HISTORY OP THE TROUBLES AND TRIAL
Die Sexto, that thereupon 1 should say, ' You desire an order of court,
that you may have it to show, and get a prohibition : but I
will break the back of prohibitions, or they shall break mine/
And this is jointly witnessed by, 4. Mr. Pocock, and 5. Mr.
Langham : and this they say was thirteen or fourteen years ago.
Excellent memories, that can punctually swear words so long
after ! But, my Lords, I confess to your Lps., I could never
like, that seats should be set above the communion-table : if
that be any error in me, be it so. For the words, I did not
speak them of prohibitions in general, but of such as I did
conceive very illegal; as, for aught I yet know, this must
have been. " And this was the answer which I gave Mr.
Brown, when in summing up the charge he instanced in
this against me." 6. To these Rouland Tomson adds new
words; "That I wondered who durst grant a prohibition,
the High-Commission Court being above all/ But he con
fesses, he knows not the time when this was spoken. Let
him look to his oath, for I am as confident, he knows not the
thing. And I further believe, that neither he nor any the
rest of my accusers think me so ignorant as to say, the
' High-Commission Court was above all/
7. Francis Nicolas says, that ' about four years since he
delivered a prohibition, and was committed for it/ 8. To this,
Quaterman comes in, and says more than Nicolas himself:
for he says, 'he delivered it in upon a stick, and was com
mitted for it/ First, if he were committed, it was not for
bringing the prohibition, but for his unmannerly delivery of
it ; and to reach it into the court upon a stick to call the
people to see it, was no handsome way of delivery. And one
that brought a prohibition (whether this man or no, I cannot
certainly say) threw it with that violent scorn into the court,
that it bounded on the table, and hit me on the breast, as I
sat in court. Howsoever, his commitment was the act of the
court, not mine : and for Quaterman, he is an exasperated
man against me and that court; as hath appeared to the
world many ways.
9. Mr. Edwards was called up next ; and he says, ' it was
a common thing to lay them by the heels which brought
prohibitions/ And they were commonly brought by bold
impudent men, picked out of purpose to affront the court .
OF ARCHBISHOP LAUD. 139
273 And then if the court made their imprisonment as common Die Sexto,
as they their rudeness, where' s the fault? And I pray mark,
this is still the act of the court, not mine.
10. Mr. Welden says, that1 { there was a command given
to lay hold of a man which brought a prohibition :' but more
he says not. Nor did he offer to make himself judge of the
justice of the court in that behalf. And considering what
affronts have been put upon the Court of High-Commission
by the bringers of prohibitions, I hope it shall not be
accounted a crime to stay him that brings it, till the prohi
bition be seen, and considered.
11. The next witness is Mr. Ward : " and he is an angry
witness, for his cause before-mentioned about simony {."
That which he says is, ' that an. 1638, he that brought a
prohibition in a cause of Mr. Foetrought's 2 was laid by the
heels :' but he himself confesses, the court then declared,
that they were affronted by him : and then he was punished
for that misdemeanour in his carriage, not for bringing the
prohibition. He says further, { that I directed some com
missioners to attend the judges about it, and that the party
had no benefit by his prohibition/ For my directing3 attend
ance upon the judges, I think I did what well became me :
for there came a rule before the prohibition, which required
the court so4 to do; "and Mr. Pry n objected, because this
was not done ; and now I am accused, because 5 I gave direc
tion to do it." And if the party had no benefit by his pro
hibition, it must needs follow, that either the judges were
satisfied by our information of the cause ; or, if not, that they
did Mr. Foetrought the wrong, and not we.
12. The last witness about prohibitions was Mr. Wheeler.
He says, that in a sermon of mine long since, I used these
words : ' They which grant prohibitions to the disturbance of
the Church's right, God will prohibit their entrance into the
kingdom of heaven :' and he says, (135) ' he writ down the
Originally written, ' that a man which brought a prohibition was ']
' in a cause of Mr. Foetroughts/ in marg.]
'' directing ' originally written ' sending ']
'' the court so ' originally written ' me so ']
The words 'I am accused' here inaccurately repeated.]
[See above, p. 128. ]
140 HISTORY OF THE TROUBLES AND TRIAL
Die Sexto, words, that he might remember them.' If this gentleman
will tell me what text I then preached on, I will look upon
my sermon (if that with my other papers be not taken from
me) and show the place. In the meantime, with that limita
tion with which he confesses I spake them, I conceive there
is no fault at all in the words. For it will be found no small
fault in judges to grant prohibitions to the disturbance of the
rights of the Church, which no law of God or man warrants
them to do. So the words I spake must needs be understood
of illegal prohibitions. For they which are legal, do only
stop the Church from doing wrong, but do no wrong to the
Church by disturbing her rights. " Mr. Browne charged
this sermon note upon me also, and I gave him this answer.
Nevertheless, I cannot but be sorry to hear it from Mr.
Wheeler's own mouth ', that he was so careful to write this
passage, and so ready to come to witness it against me ; con
sidering how many years I have known him, and how freely
he hath often come to my table, and been welcome to me ;
yet never told me this passage in my sermon troubled him.
It seems some malignity or other laid it up against this
wet day."
Here, having thus answered all particulars, I humbly
craved leave of their Lordships, to inform them some few
things concerning prohibitions. 1. As first, that there was a
great contestation about them, between my predecessor, 274
Archbp. Bancroft, and the then judges, and this before King
James and the Lords of the Council; and Mr. Attorney
Hobarts pleaded for the Church against them. Sir Henry
Martin gave me copies of all those papers on both sides. No
final end made, that I could ever hear of. This calling them
all in question was far more than ever was done by me, or in
my time ; and yet no accusation at all, much less any of
treason 2, put up against Archbishop Bancroft for this.
2. Secondly, I have here papers attested of all the prohibi
tions which have been admitted in my Courts of Arches and
1 ['So the words . . . mouth,' on opposite page. The passage originally
stood, ' to do. But I am sorry to hear from his own mouth, that' &c.]
[' much less any of treason/ in margin.]
« [Sir Henry Hobart, afterwards Pleas; the ancestor of the Earls of
Lord Chief Justice of the Common Buckinghamshire.]
OF ARCHBISHOP LAUD. 141
Audience: and I find there are as many (if not1 more) Die Sexto,
admitted in my seven years' time, as in any seven years of
my predecessor, Archbishop Abbot. And these papers I
delivered into the court11. As for the High-Commission, the
records are all taken from us ; else I make no doubt, but it
would soon appear by them, that as many have been admitted
there also2. 3. Thirdly, there is a great difference touching
prohibitions, and the sending of them, since the times of
Reformation, and before. For before, the Bishops' Courts
were kept under a foreign power, and there were then weighty
reasons for prohibitions, both in regard of the King's power,
and the subjects' indemnity. But since the Reformation, all
power exercised in the spiritual courts is from the King, as
well as the temporal ; so that now there neither is, nor can
be, so much cause as formerly was. And yet, all that I did
humbly and earnestly desire was, that some known bounds
might be set to each court, that the subject might not, to his
great trouble and expense, be hurried, as now he was, from
one court to another. And here I desired a salvo, till I might
bring Archbishop Parker's book1, to show his judgment in
this point, in the beginning of the Reformation, if it shall be
thought needful : " according to whose judgment (and he
proves it at large) there is open wrong done to the ecclesias
tical jurisdiction by prohibitions3."
The next charge is about my undue taking of gifts : a charge III.
which, I confess, I did not think to meet here. And I must
and do humbly desire your Lps. to remember, that till this
day I have not been accused, in the least for doing anything
corruptly : and if I would have had anything to do in the
base dirty business of bribery, I needed not have been in
such want as now I am. But my innocency is far more to
my comfort, than any wealth so gotten could have been. For
I cannot forget that of Job, that 'fire shall consume the
[•' if not ' interlined; originally ' or']
2 [' As for ... also.' on opposite page.]
3 ['in the beginning . . . prohibitions ' inserted afterwards ; from the word
' Information ' on opposite page ; the words, ' if it shall be thought needful
were originally written after the word ' point,' and then erased.]
h Sir Timothy Baldwin hath these vita Joh. Stafford, pp. 326, 327, [p.
papers.— W. S. A. C. 431. Lond. 1729.]
Ma. Parkeri Antiqu. Britan. in
142 HISTORY OF THE TROUBLES AND TRIAL
Die Sexto, tabernacles of bribery V "And in the Roman story, when
P. Rutilius, a man summa innocentia, of greatest integrity,
was accused, condemned, and banished ; 'tis observed by the
story, that he suffered all this, not for bribery, of which he
was not guilty, but ob invidiam,, for envy1; against which,
when it rages, no innocency, no worth of any man is able to
stand."
1. But to come to the particulars ; the first is the case of
Sir Edward Gresham's son, unhappily married against his
father's will ; a suit in the High- Commission about it ; and
that ( there he had1 but fifty pounds damages given him.'
That was no fault of mine ; my vote gave him more, but it
was carried against me. The bond of two hundred pounds,
which was taken according to course in the court111, was 275
demanded of me by Sir Edward, to help himself that way ;
and 'tis confessed I granted it : but2 then 'tis charged, ' that
in my reference to Sir John Lambe, to deliver him the bond,
I required him to demand one-half of the forfeiture of the3
bond, toward the repair of St. Paul's. 'Tis true, I did so.
But first, I desire it may be considered, that it was wholly in
my power, whether I would have delivered him the bond or
not. Secondly, that upon this gross abuse, I might have
sued the bond in my own name, and bestowed the money
upon what charitable uses I had thought fit. Thirdly, that
I did nothing herein, but what the letters patent for repair
of S. Paul's give me power (136) to do. Fourthly, that this
is the third time S. Paul's is urged against me : which I am
not sorry for, because I desire, since 'tis once moved, it may
be sifted to the uttermost. And whereas, to make all ecclesi
astical proceedings the more odious, it was urged, ' that the
rubric in the Common-Prayer Book mentions no licence, but
asking of banns ;' that rubric is to be understood, where no
licence is granted11 : for else no licence at all for marriage
without banns-asking can be good ; which is against the
common botn law and practice of the kingdom.
1 [' had ' interlined.] 2 [' but ' originally written ' but that']
3 ['forfeiture of the' in margin.]
k Job xv. 34. do not occur.]
Calvis. Chro. p. 251. [Prancof. ad m Can. Ecc. Ang. 101.
Oder. 1620. The words, ' ob invidiam,' " Can. 62. Ecc. Ang.
OF ARCHBISHOP LAUD. 143
2. The second particular was charged by one Mr. Stone, Die Sexto,
of London0, who said, ' he sent into Lambeth two butts1 of
sack, in a cause of some Chester-men, whom it was then in
my power to relieve, and mitigate their fine set upon them in
the High-Commission at York2, about Mr. Pryn's entertain
ment, as he passed that way ; and that this sack was sent in
before my composition with him, what should be mitigated,
and so before my return of the fine mitigated into the ex
chequer/ The business, my Lords, was thus. His Majesty
having taken3 the repair of the west end of S. Paul's to
himself, granted me to that end all the fines in the High-
Commission Court, both here and at York, and left the power
of mitigation in me, The Chester-men which this witness
speaks of, were deeply sentenced at York, for some misde
meanours about Mr. Pryn, then lately sentenced in the Star-
Chamber. One or more of them were debtors4 to this Mr.
Stone, to the value of near three thousand pounds, as he said.
These men, for fear of the sentence, kept themselves close,
and gave Mr. Stone to know, how it was with them ; and that
if he could not get me to moderate the fine5, they would
away, and save themselves : for they had now heard the
power was in me. Upon this, Mr. Stone, to save his own
debt of three thousand pounds, sends his son-in-law, Mr.
Wheat, and Dr. Baillie, men that were bred in the College of
S. John, under me, and had ever since good interest in me,
to desire my favour6. I at first thought this a pretence, and
was willing to preserve to S. Paul's as much as fairly I might :
but at last, upon their earnest pleading, that the men were
not rich, and that Mr. Stone was like, without any fault of
his, to 7 be so much damnified ; I mitigated their fines, which
were in all above a thousand pounds, to two hundred. I
had great thanks of all hands ; and was told from the Chester-
men, that they heartily wished I had had the hearing of their
1 [' butts ' originally written ' pipes '] 2 [' in the . . . York,' in marg.]
3 [' taken ' originally written ' undertaken ']
4 [' debtors ' originally written ' creditors '] 5 [' fine ' interlined.]
6 ['to desire my favour.' in margin.]
7 [' to ' originally written 'was like to ']
0 [This story of Mr. Stone has been 404; the notes on which passage may
related before. See vol. iii. pp. 402 — be consulted.]
144 HISTORY OF THE TROUBLES AND TRIAL
Die Sexto, cause from the beginning. While Mr. Wheat and his brother
Dr. Baillie, were soliciting me for favour to Mr. Stone, he
thinks upon sending sack into my house, and comes to my
steward about it. My steward acquaints me with. it. I gave 276
him absolute command not to receive it, nor anything from
any mail that had business before me : so he refuses to admit
of any. Mr. Stone presses him again, and tells him he had1
no relation to the Chester-men's cause; but would give it for
the great favour I had always showed to his son-in-law : but
still I commanded my steward to receive none. When Mr.
Stone saw he could not fasten it, he watches a time when
my steward was out of town, and myself at Court, and brings
in his sack, and tells the yeoman of my wine-cellar he had
leave to lay it in. My steward comes home ; finds the sack
in the cellar ; tells me of it : I commanded it should be taken
out, and carried back. Then Mr. Stone comes2 ; entreats he
may not be so disgraced ; protests as before, that he did it 3
merely for my great favour to his son-in-law ; and that he
had no relation to the Chester-men's business : and so after
he protested to myself, meeting me in a morning, as I was
going over to the Star-Chamber. Yet afterwards this reli
gious professor (for so he carries himself) goes home, and
puts the price of the sack upon the Chester-men's account.
Hereupon they complain to the House of Commons, and
Stone is their witness.
This is the truth of this business, as I shall answer it to
God. " And whether this do not look like a thing plotted
by the faction so much embittered against me, let under
standing men judge." Mr. Wheat, his son-in-law, was
present in court, and there avowed that he transacted4 the
business with me, and that he went not out of town, till I had
agreed to the mitigation ; that in all that time there was no
tender of sack or anything else unto me ; and he, and Dr.
Baillie', (137) the only men with whom I transacted the whole
business. " And so much could Dr. Baillie also witness, but
that, as the times are, I could not bring him from Oxford."
1 [' he had ' originally written ' it had ']
2 ['comes;' originally ' comes to me ;']
3 that he did it' in margin.]
« ['transacted' originally written 'performed']
s [' and Dr. Bailie,' on opp. page. Originally written, ' he was the ']
OF ARCHBISHOP LAUD. 145
With Mr. Stone himself I never treated. For my steward. Die Sexto,
he is dead three years since, who could have been my witness
clean thorough the business. And when I pressed Mr. Stone
at the bar with the protestation which he made to me, that
he had no relation herein to the Chester-men, he, that remem
bered every circumstance else, said he remembered not that.
Then I offered to take my voluntary oath of the truth of it ;
but that was not admitted. Then it was pressed, ' that this
bribe must needs be before the agreement, for he says, the
sack was sent in to my house *, and the mitigation
of the fine into the exchequer not till ' But that is
nothing : for my agreement was passed, and I meddled no
more with it. Yea, but he says, ' that Mr. Holford, my
servant P, had forty pound more than I agreed upon, before
he would finish their business/ Mr. Holford was the King's
officer for those returns into the exchequer : and if, after my
agreement made, he either unduly delayed their business, or
corruptly took any money from them, he is living, and must
answer for his own fault : me it cannot concern, who did not
so much as know of it.
"Mr. Wheat having thus testified in open Parliament,
before the Lords, was within a day or two called before the
Committee ; there reexamined in private, and very strictly,
277 touching the time of my agreement made ; then (not without
some harshness) commanded not to depart the town, till he
heard further from them. This himself afterwards told me.
Hereupon I resolved to call him again for further evidence,
and if I saw cause, to acquaint the Lords with this usage.
And I did call upon it divers times after ; but one delay or
other was found, and I could never obtain it. And such a
kind of calling my witnesses to a private after-reckoning 2 is
that which was never offered any man in Parliament. And
here Mr. Brown, in summing up my charge, did me a great
deal of right : for neither to the Lords, nor in the House of
Commons, did he vouchsafe so much as to name this false,
base, and unworthy charge, of which my greatest enemies are
ready to acquit me V;
1 [* to my house,' in margin.]
2 [' a private after-reckoning' in margin. Originally 'account']
3 ['And here . . . acquit me.' added afterwards.]
P [Benjamin Holford was bequeathed 20/. in the Archbishop's will.]
LAUD. — VOL. iv. L
146 HISTORY OF THE TROUBLES AND TRIAL
Die Sexto. 3. The third particular was charged by one Mr. Delbridge ;
who says, ' he was oppressed at the Council-table by the Ld.
Keeper Finch : that he was advised by Mr. Watkins, to give
my secretary Mr. Dell money, to get my hand to a petition
to the Ld. Keeper, who, he said, would not oppose me : that
Dell took of him one hundred and fifty pounds, and procured
my hand to his petition/ I remember nothing of this busi
ness, and it lies wholly upon my secretary; who being my
solicitor, is here present in court, and desires he may answer
the scandal. There's no touch at all upon me, but that (he
says) my secretary got my hand to his petition to the Lord
Keeper. This petition of his was either just, or unjust. If
just, I committed no fault in setting my hand to it : if unjust,
he must confess himself a dishonest man, to offer to get my
hand, to help to bolster out his injustice: and yet if the
injustice of it were varnished over with fair pretences, and so
kept from my knowledge ; the crime is still his own, and
nothing mine, but an error at most. As for Mr. Watkins,
he did me much wrong, if he sent any man to my house on
such an errand.
" Here my Secretary had leave to speak ; denied the whole
business ; and produced Mr. Hollys, with whom it was said
the hundred and fifty pounds before named should be depo
sited ; who (to my remembrance) said, he knew of no such
thing/'
4. The fourth instance was, ' a bond for the payment of
money as a fine : the bond found in Sir Jo. Lamb's chamber,
with a note upon the back of it, for one hundred pound
received, and Sir John by my direction was to call for the
rest.' And here it was said, that I used the name of St. Paul's
in an illegal way to get money ; which might well have been
spared. For (as is aforesaid) I had a Broad Seal, which gave
me all fines in the High-Commission Court, to the repairing
of the 1 west end of St. Paul's, and with power to mitigate.
And the fines are the King's, and he may give them by law.
The Broad Seal (138) is in the hands of Mr. Holford, who is
thereby appointed receiver of all such fines : but is upon
record to be seen ; and if it be doubted, I humbly desire a
salvo till the record can be taken out, and showed. But I
1 ['repairing of the' in margin.]
OF ARCHBISHOP LAUD. 147
presume these gentlemen have seen it : and commutations for Die Sexto.
such crimes as Sir James Price's was, are according to law,
and the ancient custom and practice in this kingdom ; espe-
278 cially, where men of quality are the offenders. And the
power of commuting is as legal in that court as any other :
and if that be doubted, I humbly desire my counsel may
argue it.
5. The fifth instance was a charge concerning a lease in
Lancashire held in three lives by Sir Ralph Aston 1. "Tis
said by his son Mr. Aston (the only witness in the cause),
that { I, by power at Chester and York, and the High-Com
mission here1, being landlord in right of my archbishopric,
did violently wrest this lease of the rectory of Whally, in
Lancashire1, out of his hands against law, and made him
take 2 a lease for years, and pay a great fine besides, and other
fines besides toward the repair of St. Paul's, and raised the
rent sixty pound3/ Truly, my Lords, I am not any whit
solicitous to answer this charge. I challenged this lease as
void, and had great reason so to do, both for the invalidity of
the lease itself, and the unworthiness of the tenant, both to
me and my See. If in the preparations for trial at law, the
judge at Chester (altogether unknown to me, and unlaboured
by me) did say (as Mr. Aston says he did), that ' for higher
powers above he durst not/ he was the more unworthy.
And for York, I needed no power there; for I resolved to
have him called into the High-Commission here ; which was
after done.
This gentleman his son came to me about the lease : I told
him plainly, it was void in law, and that I meant to over
throw it ; that if his father would surrender, I would renew
it for years at a reasonable rate ; but if he put me to expense
in law, I would secure myself, as well as legally I might.
1 ['and the High- Commission here,' in margin.]
2 [' him take ' originally ' him pay ']
3 ['and raised . . . pound.' in margin.];
i [The name is written 'Aston' in burn, and Eochdale, formerly belong-
the MS. ; but the person referred to ing to the monastery of Whalley, came
is Sir Ralph Assheton, of Lever, created into the possession of the See of Canter-
a Baronet June 28, 1620.] bury, Aug. 31, 1547. See Strype's
r [The rectories of Whalley, Black- Cranmer, pp. 403, 910.]
L.2
148 HISTORY OF THE TROUBLES AND TRIAL
Die Sexto. He replied, that ' Mr. Solicitor Littleton s' (for so then he
was) ' said, he durst not be against me.' And there was good
reason for it ; he was my counsel, and feed in that particular.
And what a poor evasion was this ! Were there no other
lawyers for him, because Mr. Solicitor was for me? The
truth is, all that ever I did in this business, was not only with
the knowledge, but by the advice of my counsel, which were
Mr. Solicitor Littleton and Mr. Herbert *.
At last this gentleman submitted himself and the cause ;
and if, as he says, l Dr. Eden" persuaded him to it/ that's
nothing to me. As for the fine, I referred the moderation
of it wholly to my counsel. They pitched upon sixteen hun
dred pounds, and gave such days of payment, as that a good
part is yet unpaid : and this sum was little above one year's
rent : for the parsonage is known to be well worth thirteen
hundred pound a year, if not more. And after the business
was settled, my Lord Wimbleton v came to me, and gave me
great thanks for preserving this gentleman, being, as he said,
his kinsman, whom he confessed it was in my power to ruin.
For ' the raising of the rent sixty pounds ;' it was to
add means to the several curates to the chapels of ease :
and I had no reason to suffer Sir Ralph Aston to go away
with so much profit, and leave the curates both upon my
conscience and my purse. And for his fine to St. Paul's,
I gave him all the ease I could. But since his son will force
it from me ; he was accused of adultery with divers wromen,
and confessed all : and whither that fine went, and by what
authority, I have already showed. And thus much more,
my Lords, at Mr. Bridgman's vv entreaty, I turned this lease
into lives again without fine * : but since I have this reward 279
1 [* without fine :' in margin.]
8 [Afterwards Lord Littleton, and the Netherlands.]
Keeper of the Great Seal, in the room 'v [Orlando Bridgman, son of Dr.
of Lord Finch.] John Bridgman, Bishop of Chester.
1 [Afterwards Sir Edward Herbert, He appears to have been the Arch-
Solicitor and Attorney General, and bishop's legal adviser, and to have
Lord Keeper.] held his courts. (See Archbishop
u [Dr. Thomas Eden, Master of Tri- Laud's Berkshire Benefactions, pp.
nity Hall, Cambridge, Chancellor of 28, 49.) At the Restoration he was
Ely, Professor of Law in Gresham made Sergeant-at-Law ; afterwards
College.] successively Lord Chief Baron of the
T [Edward Cecil, created Viscount Exchequer, Lord Chief Justice of the
Wimbledon July 25, 1626. He had Common Pleas ; and Lord Keeper on
distinguished himself in the war in the removal of Lord Clarendon.]
OF ARCHBISHOP LAUD. 149
for it, I wish with all my heart I had not done it. For I am Die Sexto.
confident, in such a case of right, your Lordships would have
left me to the law, and more I would not have asked. And
I think this (though entreated into it) was my greatest error
in the business.
(139) 6. The last instance was about the conversion of some
money to St. Paul's, out of administrations x : ' by name,
two thousand poimds taken out of Wimark'a estate, and five
hundred out of Mr. Greye's/ First, whatsoever was done in
this kind, I have the Broad- Seal to warrant it. And for
Mr. Wimark's estate, all was done according to law, and all
care taken for his kindred. And if I had not stirred in the
business, four men, all strangers to his kindred, would have
made themselves by a broken will executors, and swept all
away from the kindred. Secondly, for Mr. Gray's estate,
after as odious an expression of it as could be made, and as
void of truth as need to be, the proceedings were confessed
to be orderly and legal, and the charge deserted.
Then there was a fling at Sir Charles Caesar's getting of
' the Mastership of the Rolls y for money, and that I was his
means for it •' and so it was thence * inferred, that I sold
places of judicature, or helped to sell them. For this they
produced a paper under my hand. But when they had
thrown all the dirt they could upon me, they say they did
only show what probabilities they had for it, and what reason
they had to lay it in the end of the fourth original Article ;
and so deserted it. And well they might : for I never had
more hand in this business, than that when he came to me
about it 2, I told him plainly, as things then stood, that 3
place was not like to go without more money than I thought
any wise man would give for it : nor doth the paper mentioned
say any more, but that I informed the Lord Treasurer what
had passed between us.
1 [' it was thence ' in margin.] 2 ['it,' originally 'the business,']
3 ['that' originally 'I told him that']
z [In the Commission for the repair iii. 175.]
of S. Paul's, power was given to r [Sir Charles Caesar was appointed
apply the goods of intestate persons to Master of the Rolls, March 30, 1639.
this purpose. See Rymer, Feed. VIII. (Rymer, Feed. IX. ii. 248.)]
150 HISTOKY OF THE TROUBLES AND TRIAL
CAP. XXVIII. 280
Die THIS day ended, I was ordered to appear again, April 4,
Septimo. 1544 ^nd received a note from the Gommittee, under
April l, Sergeant Wild's hand, dated April 1, that they meant to
proceed next upon the fifth and sixth original Articles, and
upon the ninth additional j which follow in hcec verba.
The fifth original : — He hath traitorously caused a Book of
Canons to be composed and published, and those Canons
to be put in execution, without any lawful warrant and
authority in that behalf; in which pretended Canons
many matters are contained contrary to the King's pre
rogative, to the fundamental laws and statutes of this *
realm, to the right of Parliament, to the propriety and
liberty of the subjects, and matters tending to sedition,
and of dangerous consequence, and to the establishment
of a vast, unlawful, and presumptuous power, in himself
and his successors : many of the which Canons, by the
practice of the said Archbishop, were surreptitiously
passed in the late Convocation, without due consideration
and debate ; others, by fear and compulsion, were sub
scribed unto by the prelates and clerks there assembled,
which had never been voted and passed in the Convoca
tion, as they ought to have been. And the said Archbishop
hath contrived and endeavoured to assure and confirm the
unlawful and exorbitant power, which he hath usurped
and exercised over his Majesty's subjects, by a wicked
and ungodly oath in one of the said pretended Canons
enjoined to be taken by all the clergy and many of the
laity of this kingdom.
The sixth original : —
He hath traitorously assumed to himself a papal and tyran
nical power, both in ecclesiastical and temporal matters,
1 [' this ' in margin. Originally ' the ']
01? AKCHBISHOP LAUD. 151
over his Majesty's subjects in this realm of England, and Die
in other places, to the disherison of the Crown, dishonour ePtimo>
of his Majesty, and derogation of his supreme authority
in ecclesiastical matters. And the said Archbishop claims
the King's ecclesiastical jurisdiction, as incident to his
episcopal and (140) archiepiscopal office in this kingdom,
and doth deny the same to bt derived from the Crown of
England, which he hath accordingly exercised, to the
high contempt of his Royal Majesty, and to the destruc
tion of divers of the King's liege people, in their persons
and estates.
The ninth additional Article : —
That in or about the month of May, 1641 &, presently after
the dissolution of the last Parliament, the said Archbishop,
for the ends and purposes aforesaid, caused a Synod or
Convocation of the Clergy to be held for the several pro
vinces of Canterbury and York ; wherein were made and
established, by his means and procurement, divers Canons
and Constitutions ecclesiastical, contrary to the laws of
this realm, the rights and privileges of Parliament, and
281 liberty and property of the subject • tending also to sedi
tion, and of dangerous consequence. And, amongst other
things, the said Archbishop caused a most dangerous and
illegal oath to be therein made and contrived ; the tenor
whereof followeth in these words : ' That I, A. B.y do
swear, that I do approve the doctrine and discipline or
government established in the Church of England, as
containing all things necessary to salvation : and that
I will not endeavour, by myself or any other, directly or
indirectly, to bring in any Popish doctrine, contrary to
that which is so established : nor will I ever give my
consent to alter the government of this Church by arch
bishops, bishops, deans, and archdeacons, fyc., as it stands
now established, and as by right it ought to stand; nor
yet ever to subject it to the usurpations and superstitions
of the See of Rome. And all these things I do plainly
and sincerely acknowledge and swear, according to the
plain and common sense and understanding of the same
* '1640/ Rush.
152 HISTORY OF THE TROUBLES AND TRIAL
Die words, without any equivocation or mental evasion, or
Septimo. secret reservation whatsoever. And this I do heartily,
willingly, and truly, upon the faith of a Christian : So
help me God in Jesus Christ.' Which oath the said Arch
bishop himself did take, and caused divers other ministers
of the Church to take the same, upon pain of suspension
and deprivation of their livings, and other severe penalties ;
and did also cause Godfrey, then Bishop of Gloucester, to
be committed to prison for refusing to subscribe to the
said Canons, and to take the said oath ; and afterward
the said Bishop submitting himself to take the said oath,
he was set at liberty.
April 4, On Thursday, April 4, I was again brought to the House,
made a sufficient scorn and gazing-stock to the people ; and
after I had waited some hours, was sent back, by reason of
other business, unheard : but ordered to appear again Mon-
April 8. day, April 8. Then I appeared again, and was used by the
basest of the people as before. I did not appear any day but
it cost me six or seven pound : I grew into want. This made
my counsel, and other friends, to persuade me, the next time
I had admittance to speak, to move the Lords again for some
necessary allowance; notwithstanding my former petition
had been rejected. This advice I meant to have followed
that day : but after some hours' attendance, I was sent back
again unheard, and ordered to come again on Thursday,
April 11. April 11. This day I did not come to the House; a war
rant being sent to the Tower, which stayed me till Tuesday,
April 16.
OF ARCHBISHOP LAUD. 153
282 CAP. XXIX.
THE SEVENTH DAY OF MY HEARING.
THEN I appeared, and (as I remember) here Mr. Maynard Die
left [off,] (save that now and then he interposed, both in the eptimo-
reply and otherwise,) and Mr. Nicolas, a man of another
temper, undertook the managing of the evidence. And the I.
first charge was concerning the late Canons, ' which he said
were against law to sita, the (141) Parliament being dis
solved/ No, my Lords, nothing against law that I know.
For we were called to sit in Convocation, by a different writ
from that which called us ' as bishops to the Parliament/
And we could not rise, till his Majesty sent us another writ
to discharge us ; and this is well known to the judges, and
the other lawyers here present * : so we continued sitting,
though the Parliament rose. Nor was this sitting continued
by any advice or desire of mine. For I humbly desired a
writ to dissolve us : but the best counsel then present, both of
judges, and other lawyers, assured the King we might legally
sit. And here is a copy attested under their hands b.
Then he urged out of my Diary, at May 29, 1640, that
I acknowledged ' there were seventeen canons made, which
I did hope would be useful to the Church c/ 'Tis true, my
Lords, I did hope so. And had I not hoped it, 1 would never
have passed my consent unto them. And when I writ this,
there was nothing done or said against them. And if, by
any inadvertency or human frailty, anything erroneous or
unfit have slipped into those Canons, I humbly beseech your
Lps. to remember, it is an article of the Church of England,
1 [' and this . * . present :' in margin. ]
a lege, 'For the making of which b Vide supra, post init. [vol. iii.
he said it was against law for the p. 286.]
Convocation to sit.' e [Vol. iii. p. 236.]
154 HISTORY OE THE TROUBLES AND TRIAL
Die ' that General Councils may err d/ and therefore this national
Synod may mistake. And that since (if any error be) it is
not wilful ; it may be rectified, and in charity passed by.
For the ' Bishop of Gloucester's refusing to subscribe the
Canons, and take the oath ;' which is here said by the
counsel, but no proof offered : the truth is this. He first
pretended (to avoid his subscription) that we could not sit,
the Parliament risen. He was satisfied in this by the judges'
hands. Then he pretended the oath. But that which stuck
in his stomach, was ' the Canon about suppressing of the
growth of Popery6/ For, coming over to me to Lambeth
about that business, he told me he would be torn with wild
horses before he would subscribe that canon. I gave him
the best advice I could ; but his carriage was such, when he
came into the Convocation, that I was forced to charge him
openly with it, and he as freely acknowledged it : as there is
plentiful proof of bishops and other divines then present.
And ' for his Lp's. being after put to take the oath/ (which
was also urged,) it was thus. I took myself bound • to
acquaint his Majesty with this proceeding of my Ld. of
Gloucester's, and did so. But all that was after done about
his commitment first, and his release after, when he had
taken the oath, was done openly at a full Council-table, and
his Majesty present, and can no way be charged upon me, as 283
my act. For it was my duty to let his Majesty know it, to
prevent further danger then also discovered. But I am here
to defend myself, not to accuse any man else.
Next he urged, ' that I had interlined the original copy of
the Canons with my own hand/ But this is clearly a mis
take, if not a wilful one. For perusing the place, I find the
interlining is not in my hand, but my hand is to it; as
(I humbly conceive) it was fit it should. And the words are
in the Ratification of the Canons a, and therefore were neces
sarily to be in the original, howsoever slipped in the writing
of them.
As for the oath so bitterly spoken of at the Bar, and in the
1 [' Canons,' originally ' Articles/]
Art, 21. « Can. 3.
OF ARCHBISHOP LAUD. 155
Articles ; either it was made according to law, or else we Die
were wholly misled by precedent, and that such as was never SePtimo-
excepted against. For in the Canons made in King James
his time, there was an oath made against simony f, and an
oath for churchwardens V "and an oath about licences for
marriages h, and an oath for judges in ecclesiastical courts * i
and some of these oaths as dangerous as this is accounted
to be. And all these established by no other authority than
these late were/' And yet neither those Canons nor those
oaths were ever declared illegal by any ensuing Parliament,
nor the makers of them accused of any crime, much less of
treason. So that we had in this Synod unblamed precedent
for what we did, as touching our power of doing it.
(142) But, after all this, he said he would pass these things
by, (that is, when he had made them as odious as he could,)
and would charge nothing upon me but the ' votes of both
Houses,' namely, ' That these Canons contain matters con
trary to the King's prerogative, to the fundamental laws of
the realm, to the rights of Parliaments, to the propriety and
liberty of the subject, and matters tending to sedition, and
of dangerous consequence/ So these votes of the honourable
Houses made so long after, (and therefore cannot well be an
evidence against the making of that which was done so long
before,) is the task lying now upon me to answer; which,
with your Lps\ honourable favour, I shall in all humbleness
address myself unto.
Before these words were well out of my mouth, Mr. Nicolas
with much earnestness interposed ; ' That he hoped their Lps.
would not endure that ' the solemn votes of both Houses
should be called into question by any delinquent, and was
sure the House of Commons would not endure it.' Upon
this the Lords presently gave their resolution, that I might
not speak to anything that was declared by votes ; but was
to answer only to the fact, whether I made the Canons or
no *. To this, with leave humbly asked, I replied, That
if I might not answer to the votes, I must yield the evidence;
1 [' declared by ... or no.' in margin. Originally ' voted.']
{ Can. 40. h Can. 103.
» Can. 118. * Can. 127.
156 HISTORY OF THE TROUBLES AND TRIAL
Die which I could not do : and that if I might answer, I must
Septimo. Dispute the votes, which their Lps. resolved I should not do :
that then I was in a perplexity, and must necessarily offend
either way. And therefore humbly besought them, to con
sider not my case only, but their own too. For I did con
ceive it would concern them in honour, as much as me in
safety : that no charge might be brought against me in that
great Court, to which I should not be suffered to make 284
answer: or else that they in honour would not judge me for
that, to which my answer is not suffered to be given. With
this, that all these Canons were made in open and full Con
vocation, and are acts of that body, and cannot be ascribed
to me, though president of that Synod, but are the joint acts
of the whole body : so ' by me ' they were not made ; which is
my answer.
" And according to this I framed my answer to Mr. Brown's
summary of my charge, both touching the Canons in general,
and concerning the instance before given about the Bishop of
Gloucester1.
ff But though I was not allowed there to make any further
answer in defence of these Canons; nor can hold it fit to
insert here so long an answer as these votes require ; I hum
bly desire the courteous reader, if he please, to look upon the
answer which I have made to a speech of Mr. Nathaniel
Fynes k, in the House of Commons, against these Canons.
In which answer, I humbly conceive, I have satisfied what
soever these votes contain against them. Howsoever, I can
not but observe this in present. The words in the sixth
original Article are as they are above cited : { That the late
Canons contain matters contrary to the King's prerogative,
the laws/ &c. But in the ninth additional, all the rest of
the exceptions are in against them, but these words about
4 the King's prerogative ' are quite left out l. I would fain
know, if I could, what is the reason of this omission in these
added Articles. Is it for shame, because there was a pur
pose to charge me, (as Sergeant Wild did in his speech the
1 [' And according . . . Gloucester.' on opposite page.]
k Made December 14, 1640, and p. 105.
extant in Eushworth, par. iii. vol. i. ' Et Art. ii. additionalis.
OF ARCHBISHOP LAUD. 157
first day,) that I laboured ' to advance the King's prerogative Die
above the law?' To advance it, and yet made contrary Sepfcimo>
Canons against it ; which is the way to destroy it ? What
pretty nonsense is this ? Or is it because the framers of these
additionals, (whom I conceive were some Committee, with the
help of Mr. Pryn,) thought the time was come, or coming,
in which the King should have no more prerogative ? Or if
there be a third reason ; let them give it themselves/''
This was all concerning the Canons. Then followed the
sixth original Article about ' my assuming of papal power •'
" where Mr. Brown, in summing up of his charge, was pleased
to say, fthat no Pope claimed so much as I had done/ But
he was herein much mistaken. For never any Pope claimed
so little. For he that claimed least, claimed it in his own
right, which was none ; whereas I claimed nothing but in the
King's right, and by virtue of his concession. Between which
there is a vast latitude l." The first proof upon this Article,
was read out of certain letters sent unto me by the Uni
versity of Oxford, I being then their Chancellor. Which great
titles were urged to prove my ' assuming of papal power,
because I did rot check them in my answers to those letters/
(1.) The first title was Sanctitas tua™, which Mr. Nicolas
said, was ' the Pope's own title/ But he is deceived. For
the title was commonly given to other bishops also 2, clean
through the primitive Church, both Greek and Latin. " He
replied in great heat, (as his manner it seems is,) that ' 'tis
blasphemy to give that title (Sanctitas} in the abstract, to
285 any (143) but God/ And though by the course of the Court
I might not answer then to the reply, yet now I may. And
must tell Mr. Nicolas, that 'tis a great presumption for him,
a lawyer, and no studied divine, to charge blasphemy upon
all the Fathers of the primitive Church. 'Tis given to
St. Augustine by Hilarius and Evodius3n, and in the abstract.
1 [' where Mr. Brown, . . . latitude.' on opposite page.]
2 ['other bishops also,' in margin. Originally written ' bishops,']
3 ['Hilarius. and Evodius,' in margin.]
m [See the Letter of the University, omnibus nota est, parvitati meae per-
May'28, 1635. Hist, of Chancellorship, suasit." — Hilarius ad August.] apud
VY'orks, vol. v. p. 114. J [S.] Aug. Epist. Ixxxviii. [(clvi. Ben.)
" [" Sanctitatis tuse gratia, quse Op., torn. ii. col. 810. A. " Pridem
158 HISTORY OF THE TROUBLES AND TRIAL
Die And (which is the charge laid to me) St. Augustine never
checks at, or finds fault with the title, nor with them for
writing it. And St. Augustine himself gives that title to
Evodius °j answering his letters, which I was not to do to
theirs. And after that to Quintianus 1 P. Neither is anything
more common than this style among the Fathers ; as all
learned men know. And 'tis commonly given by S. Gregory
the Great i, to divers bishops : who, being Pope himself,
would not certainly have given away his own title (had it
been peculiar to him) to any other bishop. Nor would any
of the Fathers have given this epithet to their brethren, had
any savour of blasphemy been about it1'." But there is a two
fold holiness, the one original, absolute, and essential ; and
that is in God only, and incommunicable to any creature :
the other derivative and relative; and that is found in the
creatures, both things and persons : or else God should have
no saints, no holy ones. For no man can be said to be
sanctus, ' holy,' but he who in some degree hath sanctitatem,
' holiness/ residing in him. And this I answered at the pre
sent. " But, according to Mr. Nicolas his divinity, we shall
learn in time to deny the immortality of the soul. For
immortality in the abstract is applied to God only. 1 Tim. vi.
' Who only hath immortality S.J Therefore, if it may not in
an under and a qualified sense, by participation, be applied
to the creature, the soul of man cannot be immortal."
(2.) The second title is, Spiritu Sancto effusissime plenus i.
1 ['himself gives. . . . Quintianus.' on opposite page. Originally, 'himself
gives that title to Evodius, and after that to Quintianus.']
qusestiones misi ad sanctitatem r The managers against the Areh-
tuam."— Evodius ad August. Epist.] bishop in another place pretend, that
xcviii. [clxiii. Ben. ibid. col. 856. C.] this title was never given to any
0 [" Si ea quse me magis occupant English bishop at least. But herein
. . . Sanctitas tua nosse tanti habet." they are much mistaken. For it was
— S.] Aug. Ep. cii. [(clix. Ben.) Op., often given to them. To produce but
torn. ii. col. 901. C.] one instance : Pope Leo III. gave this
P [" Portant sane secum reliquias title to Ethelard, Archbishop of Can-
beatissimi et gloriosissimi martyris terbury, and that in a letter wrote to
Stephaui, quas non ignorat Sanctitas Kenulphus, King of Mercia. — Angl.
vestra."— S.] Aug. Ep. ciii. [(ccxii. Sacr. par. i. p. 460. [Lond. 1691.1—
Ben.) ibid. col. 1195. B.] H. W.
1 Greg. Eulogio Episcopo Alexan- 8 1 Tim. vi. 16.
drino. Apud H. Spelman. in Concil. * [See the Letter of the University,
p. 80. [Lond. 1639.] Et Episc. Arela- May 28, 1635. Hist, of Chancellorship,
tensi. ibid. 75. Works, vol. v. p. 113.]
OF ARCHBISHOP LAUD. 159
My Lds., I had sent them many hundred manuscripts, and Die
in many languages ; upon this, in allusion to the gift of ' '
tongues, (and it was about Pentecost, too, that I sent them,)
the luxuriant pen of the University orator ran upon these
phrases, which I could neither foresee, before they were
written, nor remedy after. And finding fault could not
remedy that which was past. Besides, all these letters were
in answer to mine : I was to answer none of theirs. That
might have made me work enough, had I wanted any.
(3.) The third style is Summus Pontifex. But this was in
my L. of London's letters, and he must answer, if anything
be amiss. But Pontifex, and Summus too, is no unusual
style to and of the chief prelate in any nation.
(4.) The fourth style is Archangelus, et ne quid nimis11. Yes,
sure, the meanest of these titles is multum nimis, far too
much, applied to my person and unworthiness : yet a great
sign it is, that I deserved very well of that University, in the
place I then bare ; or else they would never have bestowed
286 such titles upon me. And if they did offend, in giving such
an unworthy man such high language, why are not they
called in question for their own fault ?
(5.) The last which I remember is, Quo rectior non stat
regula, &c.v And this is no more than an absolute hyperbole ;
a high one, I confess, yet as high are found in all rhetorical
authors : and what should make that blasphemy in an Uni
versity orator which is everywhere common, and iiot only
allowed, but commendable, I know not. " Especially since
the rule of the interpretation of them is as well known as the
figure. Where the words are not to be understood in their
proper and literal sense, but as St. Aug. speaks, when that
which is spoken longe est amplius, is far larger than that which
is signified by itx." And if I had assumed any of these titles
to myself, which I am, and ever was, far from doing ; yet 'tis
one thing to assume papal title ; and another to assume
papal power, which is the thing charged ; though I thank
u [See the Letter of the University, que tropica est, non propria .... Iste
of July 9, 1636, ibid. p. 140.] autem tropus, id est modus locutionis,
v [Seethe Letter of the University, fit, quando id quod dicitur longe est
Nov. 10, 1640, ibid. p. 295.] amplius, quam quod eo dicto signifi-
1 ["Ea locutione dictum est, quam catur."] S. Aug. [lib.]xvi. [de]Civ. Dei,
Grseci vocant hyperbolen ; quae uti- cap. xxi. [Op., torn. vii. col. 690. C.]
160 HISTORY OF THE TROUBLES AND TRIAL
Die God I did neither. " If I have here omitted any title, it is
mere forgetfulness ; for one part or other of the answers given
will reach it, whatever it be. And as I told Mr. Browne,
when he charged this on me, Dr. Strowd, the University
orator y, who writ those letters, and gave those titles, was
called up before a Committee of this Parliament, examined
about them, acquitted, and dismissed1."
(6.) These titles from the letters being past, he quoted
another, which he called a blasphemous speech too, out of
' my book against Fisher ; where/ he said, ' I approved of
Anselme, an enemy to the Crown; and took on me to be
Patriarch of this other world z.' Let any man look into that
place of my book : and he shall find that I made use of that
passage only to prove that the Pope2 could not be appealed
unto out of England, according to their own doctrine : which
I hope is no blasphemy. And for St. Anselme, (144) howsoever
he was swayed with the corruptions of his time, yet was he
in other things worthy the testimony which the authors by
me cited give him. "And if any man be angry that 'the
Archbishop of Canterbury is called the Patriarch of this
other world/ he may be pleased to remember, that St. Jerom
gives St. Augustine, who was Bishop of Hippo, and no Arch
bishop, a greater title than that. For he writes, Beatissimo
Papce Augustino, more than once and again, as appears in his
epistles to St. Augustine 3 a."
(7.) To these Sir Nathaniel Brent's testimony is produced :
who says, that he overheard me say to another, ' that T would
not so easiN quit the plenitude of my power ; or to that
effect/ He confesses he was coming in, and finding me
speaking with another, made stay, and stood afar off, ' and
knows not of what I spake/ (for so he said) but overheard the
words. I beseech your Lps., observe this witness. He con
fesses he knows not of what I spake, and yet comes here upon
1 [' If I have . . . dismissed.' on opposite page.]
2 [' that the Pope ' in marg.]
3 [' of Canterbury ... St. Augustine.' on opposite page.]
r [William Strode, Canon of Ch, xi. [(Ixxv. Ben.) Op., torn. ii. col. 251.
Ch. (Wood, Ath. Ox. iii. 151.)] B.],xiii. [(Ixviii. Ben.) ibid. col. 233. D.),
1 Cont. Fisher, § 25, p. 171. [p. 190, xiv. [(Ixxii. Ben.) ibid. col. 241. B.J,
Oxf. 1849.] xvii. [(xxxix. Ben.) ibid. col. 124. A.],
" S. Hieron. apud [S.] Aug. Epist. xviii. [(Ixxxi. Ben.) ibid. col. 283. A.]
OF ARCHBISHOP LAUD. 161
his oath, to testify of plenitude of power in relation to my Die
assuming papal power. If he mean not this, his testimony ePtimo-
is nothing; for plenitude of power may extend to many other
things ; and I might justly say, (if I said it,) ' that I would
not easily part with the plenitude of my power/ in relation
to other bishops of my province, who by law have not so full
power as I have. But if he did mean this, then his testimony
287 is worse than nothing. Nothing, in regard he confesses he
knows not of what I was speaking. And worse than nothing,
that, not knowing, he would give such a testimony upon oath.
" [As for the statutes themselves, there was scarce one urged
against me ; but it was either a statute, or a prescription of
that University, long before I was born into the world ; and
could not therefore be of my new-making. And this was my
answer to Mr. Browne in the House of Commons. And
such bannition, discommoning, and the like, are well known
tobelb.]"
The next charge of this day was, that ' I went about to II.
exempt the clergy from the civil magistrate/
1. The first witness is Mr. Pincen; he says, he heard me
say at the High- Commission, 'That the clergy were now
debased ; that heretofore it was otherwise, and I hope to see
it so again.' Truly, my Lords, if I did say thus, which is
more than I can call to memory, I spake truth ; they were
debased ; and I did hope to see it otherwise. For the de
basing of the clergy will make their office and their doctrine
base, as well as their persons. But here is not a word of
freeing them from laws or the temporal magistrate. It was
replied, he did mention the ' civil magistrate .' " If he did, he
mentions no time, by which I might be enabled to make
counterproof. He is single. They are words, and if within
the statute, then triable by it within six months. And I
desire this grave gentleman to consider his oath : for if I
spake of any such exemption, I must speak against my con
science and judgment, which I humbly thank God I use not
1 ['As for .... to be. ' on opposite page. ' P. 157' is written against this
passage, in Archbishop Laud's hand. See below, p. 189.]
b These six lines are inserted out of versity, which followeth afterwards. —
place, and belong clearly to his defence W. S. A. C.
of making new statutes for the Uni-
LAUD. — VOL. IV. ]\I
1G2 HISTORY OF THE TROUBLES AND TRIAL
Die to do. Nor is it altogether impossible for the civil magis-
3ao' trate sometimes to oppress poor clergymen. But a little will
be thought too much of this. And therefore to Mr. Browne's
summary charge I gave the former answer, that I spake of
exemption from oppression, not from law l."
2. The second witness was Alderman Railton, about the
carrying up of the sword in the church, when he was Ld.
Mayor. He says, I once sent him word about it, but knows
not by whom 2, and after heard no more of it, but refers
himself to Mr. Marsh. He says, 'there was an order of the
Council- table, May 3, 1633, concerning the submitting of
the sword in time and place of divine service/ If an order
of Council, then was it no act of mine, as I have often pleaded,
and must as often as it comes. He says further, that I spake
these words, or to this effect ; ( That the Church had been low
for these hundred years ; but I hoped it would flourish again
in another hundred/ But here's no one word of exemption
from civil magistracy. And I hope your Lps. will take wit
nesses as they speak, not as men shall infer, and descant
upon them. " And then, my Lords, under favour, I see no
harm in the words." Only I shall recal my hope : for if I had
then any hope to see it nourish in another hundred years,
'tis that which I cannot hope for now. He says, ' there was
a reference to the Council on both sides, and that under that
reference the business died/ And if it died then, what makes
it here before the resurrection ? Yea, but says Mr. Nicolas,
' here's agitation about the submitting of the sword, which
is the emblem of temporal power/ But neither to foreign 288
nor home power, but only to God ; and that in the place, and
at the performance of His holy worship. At which time and
place Christian 3 kings submit themselves, and therefore
cannot stand upon the emblems of their power. Nor would
the Lords of the Council have made either order or reference,
had there been anything of danger, or against law, in this
kind of submitting. Mr. Yorke was produced as another
witness; but said just the same with Marsh; and so the
same answer served him.
III. Then followed a charge about the Charter of York to be
1 ['Nor is it ... law.' on opposite pa^e.]
2 [' but knows not by whom/ in margin.] 3 [' Christian ' in margin.]
OF ARCHBISHOP LAUD. 1G3
renewed ; aud that I did labour to have the Archbishop of Die
York his Chancellor, and some of the residentiaries, named in eptl1
it l to be justices of peace within the city. To (145) prove this.
Alderman Hoyle c is produced : who says, ' there was an order
of the Council about this, but cannot say that I procured it/
(so far, then, this proof reaches not me,) ( for the bishop his
chancellor, and some of the residentiaries, to be justices of
peace within the city/ If I were of this opinion, (as then
advised,) I am sure there's no treason in it, and I believe no
crime. And under your Lps/ favour, I could not but think
it would have made much peace, and done much good, in all
the cities of England where cathedrals are. Lastly, he says,
' there was a debauched man committed about breach of the
Sabbath, and being casually smothered, I should say, they
deserved to be hanged that killed him/ Concerning this
man; he lost his life, that's confessed. His debauchery, what
it was, is not proved. And were he never so disorderly, I
am sure he was not, without legal trial, to be shut up into a
house and smothered. That is against both law and con
science. And the officers then in being had reason to smother
the business as much as they could. And, it may be, deserved
somewhat ; if not that which this alderman says I said, ' to
his best remembrance/ For so, and with no more certainty,
he expressed it. This I am sure I said, that if the bishop, or
any of the Church had been then in their charter, the poor
man's life had not been lost.
The fourth charge was just of the same nature, concerning IV.
the charge of Shrewsbury. For this there were produced
two witnesses, Mr. Lee and Mr. Mackworth : but they make
up but one between them. For Mr. Lee could say nothing2,
but what he acknowledges he heard from Mr. Mackworth.
And Mr. Mackworth says first, that fthe schoolmaster's
business was referred to other lords and myself.' That's no
crime ; and to my knowledge, that has been a troublesome
business for these thirty years. He says, ( I caused that
there should go a Quo warranto against the town/ This is
but as Mr. Owen informed him, so no proof. Beside, 'tis no
crime, being a referee, if I gave legal reason for it. Nor is
1 [' named iii it' in margin.] 2 ['could say nothing,' in margin.]
c [M. P. for the city of York.]
M2
1G4 HISTORY OF THE TROUBLES AND TRIAL
Die it any crime, ' that the bishop and his chancellor should be
mo' j ustices within the town ;' as is aforesaid in the case of York :
considering especially, that then many clergymen bare that
office in divers counties of England. He adds, ' that an old
alderman gave fifty pound to St. PauPs. But out of what
consideration I know not, nor doth he speak : and if every
alderman in the town would have given me as much to that
use, I would have taken it, and thanked them for it. Then 289
he says, ' there was an order from all the lords referees, for
settling all things about their charter.' So, by his own con
fession, the whole business was transacted publicly, and by
persons of great honour ; and nothing charged upon my par
ticular. ' If Mr. Owen sent me in a butt of sack, and after
put it upon the town account/ (for so he also says,) ' Mr.
Owen did ill in both ; but I knew of neither. And this the
counsel in their reply said they urged not in that kind.
Lastly, the charter itself was read* to both points, ' of the
bishop's and his chancellor's l being justices of peace within
the town, and the not bearing up of the sword/ To both
which I have answered already. And I hope your Lps.
cannot think his Majesty would have passed such a charter :
or that his learned counsel durst have put it to him, had this
thing been such a crime as 'tis here made.
V. The next charge was out of my Diary, at March 5, 1635.
The words are, ' William Juxou, Ld. Bp. of London, made
Ld. High Treasurer of England. No Churchman had it
since II. VII. time. I pray God bless him to carry it so,
that the Church may have honour, and the King and the
State service and contentment by it. And now if the Church
will not hold up themselves under God, I can do no more d.'
I can see no treason in this, nor crime neither. And though
that which I did to help on this business was very little ; yet
aim I had none in it, but the service of the King, and the
good of the Church. And I am most confident it would have
been both, had not such troublesome times followed, as did.
VI. Then they instanced in the case of Mr. Newcomen. But
that cause being handled before e, they did only refer the
Lords to their notes : and so did I to my former answers.
1 [' and his chancellor's ' in margin.]
d [Vol. iii, p. 226.] e [See above, p. 118.']
OF ARCHBISHOP LAUD. 165
Then followed the case of Thorn and Middleton ; which
were fined in the High- Commission about some clergymen's
business ; Thome being (146) constable : the witnesses in
this case are three.
1. The first is Huntsford (if I took his name right f) : and
for the censure of these men, he confesses, it was in and by
the High-Commission ; and so no act of mine (as I have
often pleaded) : but then he says, that I there spake these
words, ' That no man of their rank should meddle with men
in Holy Orders/ First, he is in this part of the charge
single, and neither of the other witnesses comes in to him.
Secondly, I humbly desire the proceedings of the High- Com
mission may be seen (which are taken out of our hands).
For so far as I can remember anything of this cause, the
minister, Mr. Lewis, had hard measure. And perhaps there
upon I might say, ' That men of their rank should not in
such sort meddle with men in Holy Orders/ But to tax the
proceedings of a violent busy constable, was not to exempt
the clergy from civil magistracy.
Upon this he falls just upon the same words, and says,
e that I uttered them about their offering to turn out a
corrector from the printing-house/ This corrector was a
minister, and a wrell deserving man. The trust of the press
was referred to the High-Commission Court1. And I hope
your Lps. will not think, that not to suffer the printers to
turn out a deserving man at their pleasure, is 'to exempt
the clergy from the civil magistrate/ The business, my
290 Lords, was this. This corrector was principally entertained
for the Latin and Greek press especially, which I had then,
not without great pains and some cost, erected. They were
desirous to keep only one for the English, and him at the
cheapest. Among them their negligence was such, as that
there were found above a thousand faults in two editions of
the Bible and Common-Prayer Book. And one which caused
this search was that in Exod. xx., where they had shamefully
printed 2, ' Thou shalt commit adultery/ For this the masters
1 ['the High-Commission Court.' in margin, correcting some words which
are crossed out, and which appear to be, ' me. and my Lord of London.']
2 [' where they had shamefully printed/ in marg. Orig. ' They had printed,']
[Joseph Hunscot, the Printer, mentioned above, p. 70. See also below,
p. 185.]
166 HISTORY OF THE TROUBLES AND TRIAL
Die of the printing-house were called into the High-Commission,
K eptimo. an(j censure^ as they well deserved it. As for this corrector
whom they would have heaved out, they never did so much
as complain of him to any that had power over the press, till
this fell upon themselves for so gross an abuse. Nor did they
after this proceed against him, to make him appear faulty ;
and till that were done, we could not punish. And for this
business of the press, he is single too. And I have told your
Lps. that which is a known truth. " And Hunsford, being
bit in his credit and purse, and friends, by that censure, for
so gross an abuse of the Church and religion, labours to
fasten his fangs upon me in this way."
2. The second witness is Mr. Bland. But all that he says
is, that f there was once a dismission of this cause out of the
court, and that though I disliked it l, yet I gave way to it,
because all parties were agreed/ And no word of proof, that
I was any cause of bringing it back into the court again.
What's my fault in this ?
3. The third witness was Thorn in his own cause : and
tis plain, by his own words, that this cause was depending in
court before my time. And I believe, were the records of
the court here, Mr. Lewis would not be found so great an
offender as Mr. Thorn would make him. This I am sure of,
both the High-Commission and myself have been quick
enough against all ministers which have been proved to be
debauched in their life and conversation. And he says
nothing against me, but ' that I sided with his adversaries ;'
which is easy to say against any judge that delivers his
sentence against any man. But neither of these come home
to Hunsford.
VIII. The next charge is in the case of one Mr. Tomkins, about
the taxing of a minister in a case of robbery, and repayment
by the country 2.
To this Mr. Newdigate is produced ; who says, as he re
members, that I should speak these words, ( That ministers
were free from such taxes, and I hoped to see the times in
which they might be free again/ First, this gentleman is
single. Secondly3, he speaks not positively, but 'as he
1 ['and that though I disliked it,' in margin.]
2 ['by the country.' in margin.] 3 ['Secondly/ in margin.]
OF ARCHBISHOP LAUD. 167
remembers/ Thirdly, this tax I do humbly con(147)ceive Die
is not by law to be laid upon any minister. For no man is ePtimo-
subject to this tax, but they which are to keep watch and
ward; which ministers in that kind are not bound unto.
And this I learned of the Ld. Keep. Coventry ° at the Council-
table. So I might well then hope to see ministers free from
all such taxes, by the right understanding and due execution
of our own laws, without assuming any papal power.
The last instance of this day was the bringing Sir Rich. IX.
291 Samuel h into the High-Commission, for doing his office as
justice of the peace upon some clergymen. First, for this,
this gentleman is single, and in his own case. Secondly,
himself confesses, that ' his bringing into the High-Commis
sion was long after the fact/ Therefore in all probability
not for that : nor doth he say that I caused his bringing in.
He says further, 'that one article for which he was called
into the Commission, was, that he was an enemy to the
clergy/ But he doth not say, that I preferred these articles
against him ; nor doth he tell, or can I remember, what the
other articles were, which with this may be bad enough to
merit what was there laid against him : and whatsoever was
done, appears by his own narration to be the act of the
High-Commission, or the Council-table, and so not chargeable
upon me alone. And whereas he says, ' I blamed him ' much
at the Council-table : let him tell why, and then I'll give
him a further answer : and sure if I did blame him, I had
just cause so to do. Lastly, he says, ' I did use the word
base to him when he came to me/ Sure I cannot believe
I did : it was not my language to meaner men. If it did
slip from me, it was in relation to his enmity to the clergy,
not to his person or quality. " And I conceive 'tis no gentle
part, for a man of place and power in his country, to oppress
poor clergymen which neighbour about him. In which kind
this gentleman pessime audiebat, heard extremely ill."
£ [Thomas Coventry, appointed vol. i. p. 80.]
Lord Keeper, Nov. 1, 1625 ; Baron h [This was probably Sir Rich.
Coventry, April 10, 1628. See his Samwell, of Upton and Gayton, in the
character in Clarendon, Hist. Rebell. county of Northampton.]
168
HISTORY OP THE TROUBLES AND TRIAL
CAP. XXX. 292
THIS day thus ended, I was ordered to appear again on
April 22. Monday, April 22. I came, and my former answers having
taken off the edge of many men, (for so I was told by good
hands,) the scorns put upon me at my landing and elsewhere
were somewhat abated, though when it was at best I suffered
enough. After I had attended the pleasure of the House
some hours, I was remitted without hearing, and commanded
April 25. to attend again upon Thursday, April 25. But sent back
April 30. again then also, and ordered to appear on Tuesday, April 30.
And when I came, I was sent away once more unheard : no
consideration had of myself, or the great charge which this
frequent coming put me to. I was then ordered to appeal-
again on Saturday, May 4. Then I was heard again ; and
the day proceeded as follows.
Die
Octavo.
Maii 4,
1644.
Saturday.
MY EIGHTH DAY OF HEARING.
To raise up envy against me, Mr. Nicolas falls first to
repeating the titles which were given me in letters from
Oxford ; to which I gave answer the day before. From
thence he fell again upon the former charge, e My endeavour
to exempt the clergy from the civil power/ And very loud
he was, and full of sour language upon me. To this general
I answered with another more true; that I never did attempt
to bring the temporal power under the clergy, nor to free the
clergy from being under it : but I do freely confess, I did
labour all I could to preserve poor clergymen from some
laymen's oppression, which lay heavy on them. And de vi
laica hath been an old, and a great, and too just a complaint.
And this I took to be my duty, doing it without wrong to
any man ; as sincerely I did to the best of my knowledge.
And 1 assuring myself, that God did not raise me to that
place of eminency to sit still, see His service neglected, and
His ministers discountenanced ; nay, sometimes little better
than trampled on. " And my standing thus to the clergy,
1 ['doing it ... And ' in margin.]
Ob1 ARCHBISHOP LAUD. 169
and their just grievances, is not the least cause of my present Die
condition. In which my case (though not my abilities) is
somewhat like Cicero's. For having now for many years
defended the public state of the Church, and the private of
many (148) churchmen ; as he had done many citizens ;
when he by prevailing factions came into danger himself,
ejus salutem defendit nemo a, no man took care to defend him
that had defended so many ; which yet I speak not to impute
anything to men of my own calling, who, I presume, would
have lent me their j ust defence, to their power ; had not the
same storm which drove against my life, driven them into
corners to preserve themselves."
293 The first instance was in Mr. Shervil's caseb; in which Mr. I.
John Steeveris tells what I said to the counsel pleading in
the Star-Chamber, which was, that they should take care
fnot to cause the laws of the Church and the kingdom to
clash one against another/ I see, my Lords, nothing that I
spake was let fall, nor can I remember every speech that
passed from me ; he may be happy that can. But if I did
speak these words, I know no crime in them : it was a good
caveat to the counsel, for aught I know. For surely the laws
of Church and State in England would agree well enough
together, if some did not set them at odds. And if I did
further say to the then Ld. Keeper, (as 'tis charged,) ' that
some clergymen had sat as high as he, and might again ;}
which I do not believe I said ; yet if I did, 'tis a known
truth : for the Ld. Coventry, then Ld. Keeper, did imme
diately succeed the Ld. Bp. of Lincoln in that office. But
though I dare say I said not thus to the Ld. Keeper, whose
moderation gave me no cause to be so round with him,
yet to the counsel at bar, I remember well, upon just oc
casion given, that I spake to this effect ; That they would
forbear too much depressing of the clergy, either in their
reputation or maintenance ; in regard it was not impossible
that their profession, now as high as ours once was, may fall
to be as low as ours now is ; " if the professors set themselves
a [Veil.] Patcrc. lib. ii. Hist. [cap. See State Trials, vol. i. pp. 374—396.
66.] Lond. 1730. The words which the
b [This was the case of Henry Slier- Archbishop admitted that he used,
field, for breaking the painted window will be found in his speech, juxta fin.
in S. Edmund's Church, Salisbury. See Work?, vol. vi.]
170 HISTORY OF THE TROUBLES AND TRIAL
Octavo against the Church, as some of late are known to have done :
and that the sinking of the Church would be found the ready
way to it1."
II. The second instance was about calling some justices of the
peace into the High-Commission, about a sessions kept at
Tewksbury.
1. The first witness for this (for three were produced) was
Mr. John Steevens. He says, ( that the aisle where the
sessions were kept was joined to the church/ If it were not
now a part of the church, yet doubtless, being within the
churchyard, it was consecrated ground. He says, ( that
sessions were kept there heretofore/ And I say, the more
often the worse. He says, ' that I procured the calling of them
into the High-Commission/ But he proves no one of these
things, but by the report of Sir Rob. Cook, of Gloucester
shire, a party in this cause. He says again, that ' they had
the Bp/s licence to keep sessions there/ But the proof of
this also is no more than that Sir Rob. Cook told him so : so
all this hitherto is hearsay. Then he says, ' the 88. Canon
of the Church of England was urged in the Commission
Court, which seems to give leave in the close of the canon,
that temporal courts or leets may be kept in church or
churchyard0/ First, that clause in the end of the canon is
referred to the ringing of bells, not to the profanations men
tioned in the former part of that canon. Nor is it probable
the minister and churchwardens should have power to give
such leave, when no canon gives such power to the bishop
himself. And were it so, here's no proof offered, that the
minister and churchwardens did give leave : and suppose
some temporal courts might upon urgent occasion be kept in
the church with leave, yet that is no warrant for sessions,
where there may be trial for blood. He says further, ' that
the civilians quoted an old canon of the Pope's, and that that
prevailed against the canon of our Church, and sentence
given against them/ All those canons which the civilians
urged are law in England d, where nothing is contrary to the 294
1 ['and that . . . it.' on opposite page.]
c Can. 88, Eccl. Ang. be in force which avc not contrary to
d 25 Hen. VIII. c. 19, § ult. [This the laws of the realm.]
clause provides that all canons shall
OF ARCHBISHOP LAUD. 171
law of God, or the law of the land, or the King's prerogative Die
royal l : and to keep off profanation from churches is none of Octam
these. Besides, were all this true which is urged, the act
was the High-Commission's, not mine. Nor is there any
thing in it that looks toward treason.
2. The second witness is Mr. Edward Steevens. He con
fesses that the sentence was given by the High-Commission,
and that I had but my single (149) vote in it. And for the
place itself, he says, ' the place where the sessions were kept
was separated from the aisle of the church by a wall breast-
high/ which is an evident proof that it was formerly a part
of that church, and continued yet under the same roof.
3. The third witness is Mr. Talboyes (who, it seems, will
not be out of anything which may seem to hurt mee). He
says, ' the parish held it no part of the church.' Why are
not some of them examined, but this man's report from them
admitted ? ' They thought no harm,' he says, ' and got a
licence.' But why did they get a licence, if their own con
science did not prompt them that something was irregular in
that business ? He says, ' he was informed the sessions had
been twice kept there before/ And I say, under your Lps.'
favour, the oftener the worse. But why is not his informer
produced, that there might be proof, and not hearsay ? Upon
this, I said, (so he concludes,) ' that I would make a precedent
against keeping it any more/ If I did say so, the cause
deserved it • men in this age growing so bold with churches,
as if profanation of them were no fault at all.
The third instance concerned Sir Tho. Dacres, a justice of HI.
peace in Middlesex, and his warrant for punishing some
disorderly drinking. The witnesses the two churchwardens,
Colliar and Wilson ; two plain men, but of great memories :
for this business was when I was Bishop of London ; and yet
they agree in every circumstance, in every word, though so
many years since. Well, what say they ? It seems Dr. Duck f,
then my chancellor, ' had cited these churchwardens into my
court/ Therefore either there was, or at least to his judg
ment there seemed to be, somewhat done in that business
against the jurisdiction of the Church. They say then, 'that
1 ['or the King's prerogative royal :' on opposite page.]
e [See above, pp. 77, 100.] f [Dr. Arthur Duck, mentioned vol. iii. p. 450.]
172 HISTORY OF THE TROUBLES AKD TRIAL
Die the court ended, Dr. Duck brought them to me/ And what
then ? Here is a cause, by their own confession, depending
in the ecclesiastical court ; Dr. Duck in the King's quarters,
where I cannot fetch him to testify ; no means left me to
know what the proceedings were ; and I have good cause to
think, that were all the merits of the cause open before your
Lps., you would say, Sir Tho. Dacres did not all according to
law. But what is the heart of this charge ? It is, say they,
' that I commanded Dr. Duck to prosecute them/ And what
fault was in this ? For if it were just, why should not Dr.
Duck go on with his prosecution ? If Dr. Duck and I were
both mistaken in the particular, 'twas easy getting a prohibi
tion. Yea, but they say I said, ' If this must be so, Sir Thorn.
Dacres shall be Bishop of London, and I'll be Sir Tho.
Dacres/ For aught I see in the weight of it, this whole
charge was but to bring in this speech. And truly, my Lds.,
my old decayed memory is not such, as that I can recal a
speech, thirteen or fourteen years since. But if I did say it,
I presume 'tis not high treason for a Bishop of London to 295
say so much of Sir Tho. Dacres. "Mr. Browne, in the
summing up the charge against me, laid the weight of the
charge in this, ' that these churchwardens were prosecuted for
executing the warrant of a justice of peace upon an ale-house
keeper, for tippling on the Sabbath-day, contrary to the
statutes Jacobi 7 and Caro. 3.' To which I answered, That
those statutes did concern the ale-house keepers only ; nor
were the churchwardens called in question for that ; but
because, being church-officers, and a churchman tippling
there, they did not complain of that to the chancellor of the
diocese. Mr. Browne replied, ' there was no clergyman there.'
I am glad I was so mistaken. But that excuseth not the
churchwardens, who, being church-officers, should have been
as ready to inform the bishop, as to obey the justice of
peace V
IV. The fourth instance was about marriages in the Tower,
which I opposed against law. The witness Sir William Bal-
fore, then Lieutenant of the Tower. He says, that ' I did
oppose those marriages.' And so say I. But I did it for the
subject of England's sake. For many of their sons and
1 [' Mr. Browne, . . peace.' on opposite page.]
OP ARCHBISHOP LAUD. 173
daughters were there undone. Nor banns, nor licence,, nor Die
any means of foreknowledge to prevent it. Was this ill ? Octavo-
He says, ' that when he spake with me about it, I desired
him to speak with his Majesty about it, because it was the
King's house/ What could I do with more moderation?
He confesses he did so, and that he moved the King 'that
the cause might be heard at the Council-table, not at the
High-Commission :' to this his Majesty inclined, and I
opposed nothing; so the general abuse might be rectified.
Then he says, Mr. Attorney Noye ' said at the Council-table,
it was the King's free-chapel, and that no Pope in those
times offered to inhibit there/ First, if Mr. Attorney did so
say, he must have (150) leave to speak freely in the King's
cause. Secondly, (as I humbly conceive,) the chapel for
ordinary use of prisoners and inhabitants of the Tower, where
these disorderly marriages are made, is not that which is
called the King's free-chapel ; but another in the side of the
White Tower by the King's lodgings. Thirdly, if it be, yet I
have herein not offended, for I did all that was done by the
King's leave, not by any assumption of papal power. Then
he tells the Lords, ' that in a discourse of mine writh him at
Greenwich, about this business, I let fall an oath.' I am
sorry for it, if I did. But that's no treason. " And I know
whom the deponent thinks to please by this interposition.
For to the matter it belongs not." In conclusion, he says
truly, f that the King committed the business to some lords
and judges, that so an end might be put to it : and in the
meantime ordered, that, till it were ended, there should be no
more marriages in the Tower.' How this business ended, I
know not. It began, I am sure, by authority of his Majesty's
grant of the High-Commission, to question and punish all
such abuses, tarn in locis exemptis, quam non exemptis s. And
his Majesty having graciously taken this care for the indem
nity of the subject, I troubled myself no more with it : my
aim being not to cut off any privileges of that place, but only
to prevent the abuses of that lawless custom. " Arid if cui
bono be a considerable circumstance, as it uses to be in all
such businesses, then it may be thought on too, that this
296 gentleman, the lieutenant, had a considerable share for his
* [See Rymer, Foedera, VIIT. iv. 39.]
174 HISTORY OF THE TROUBLES AND TRIAL
Die part out of the fee for every marriage. Which I believe was
Octavo. ag ^ear to nim as tjie privilege."
V. The next instance is broke out of the Tower, and got as far
as Oxford. The witness Alderman Nixon. He says, ' the
mayor and the watch set by him were disturbed by the
Proctors of the University, and a constable imprisoned11/ The
night-walk, and the keeping of the watch, is the ancient,
known, and constant privilege of the University1, for some
hundred of years ; and so the watch set by the town ^(pur
posely to pick a quarrel) was not according to law. He adds,
' that when the Right Honourable the E. of Barkshire1 would
have referred the business to the King's counsel learned, I
refused, and said I would maintain it by my own power, as
Chancellor.' If I did say this (which I neither remember nor
believe), I might better refuse lawyers, (riot the law, but
lawyers,) than they a sworn judge of their own nomination,
which they did.
The case was briefly this. There were some five or six
particulars which had, for divers years, bred much trouble
and disagreement between the University and the city ; of
which (to my best remembrance) this about the night-watch,
and another about felons' goods, were two of the chief. The
University complained to me. I was so far from going any
by-way, that I was resolved upon a trial at Westminster-
Hall, thinking (as I after found) that nothing but a legal
trial would set those two bodies at quiet. The townsmen
liked not this. Came some of the chief of them to London :
prevailed with their honourable steward, my Ld. the E. of
Barkshire2, to come to me to Lambeth, and by his Lp. offered
to have all ended without so great charge at law, by reference
to any of the judges. I said I had no mind to wrong the
town, or put them to charge, but thought they would fly off
from all awards, and therefore stuck to have a legal trial.
After this, some of the chief aldermen came to me with my
lord, and offered me, that if the University would do the
like, they would go down and bring it up under the mayor
1 [' of the University,' in margin.]
2 [' my Ld. the E. of Barkshire,' in margin.]
h [See an account of this dispute in pp. 274 — 280.]
Wood's Annals, pp. 421, 422. It is * [Thomas Howard, created Earl of
also referred to by the Archbishop in Berkshire, Feb. 6. "
Hist, of Chancellorship, Works, vol. v.
OF ARCHBISHOP LAUD. 175
and aldermen's hands, that they would stand to such end as Die
Judge Jones, who rode that circuit, should upon hearing
make. ' They did so : and brought the paper so subscribed
(and therefore I think Alderman Nixon's hand is to it as well
as the rest k). Upon this I gave way ; the University accepted ;
the judge heard and settled. And now when they saw my
troubles threatening me, they brake all, whistled up their
recorder1 to come and complain at the Council-table, his
Majesty (151) present01. And I remember well, I told his
Lp. (then making the aforesaid motion to refer to the King's
learned counsel), that his Lp. well knew what had passed,
and that being so used as I had been by the townsmen,
I would trouble myself with no more references to lawyers*
or to that effect. And I appeal to the honour of my lord,
whether this be not a true relation.
The sixth instance concerns x the putting of one Mr. VI.
Grant out of his right. He says, (but he is single and in his
own cause,) ' that Mr. Bridges was presented to an impropria-
tion, and that suing for tithe, he (the said Grant) got a
prohibition, and Mr. Bridges a reference to the then Ld.
Keeper Coventry and myself ; that we referred them to the
297 law, and that there Grant was nonsuited, and so outed
of his right.' First, in all this there's nothing said to be
done by me alone. Secondly, the Ld. Keeper, who well
understood the law, thought it fittest to refer them to the
law; and so we did. If he were there nonsuited first, and
outed after, it was the law that put him out, not we. " Yet
your Lps. see here was a prohibition granted in a case which
the law itself after rejected."
Then follows the instance, that I had a purpose to abolish all VIL
impropriations. 1. The first proof alleged, was a passage out
of Bishop Mountague's book, p. 210 n, that ' tithes were due
1 [The passage was originally written, 'the putting of one Mr. Bridges out
of his vicarage. 'Tis said by Mr. Grant, the single witness in this cause, and,
as I remember, patron, that Mr. Bridges as vicar sued for tithes.' Where the
name ' Bridges' is printed, the name ' Grant' was erased and ' Bridges' written
above. The words 'and . . . patron' are in margin.]
k [See Articles of agreement be- m [See the order in Council, Hist,
tween the Univ. and City of Oxford, of Chancellorship, Works, vol. v. pp.
Hist, of Chancellorship, Works, vol.v. 283, 284.]
pp. 123, 124. Nixon's name is not n [Diatribe upon the First Part of
signed to them.] the late History of Tithes. By Richard
1 [Mr. Whistler.] Mountagu. Lond. 1621.]
170 HISTORY OF THE TROUBLES AND TRIAL
Die by Divine right, and then no impropriations might stand V
And Mr. Pryn witnessed very carefully : ' That this book was
found in my own study, and given me by Bp. Mountague.'
And what of this ? Doth any bishop print a book, and not
give the archbishop one of them? Or must I answer for
every proposition that is in every book that is in my study ?
or that any author gives me ? And if Bishop Mountague be
of opinion that tithes are due by divine right, what is that to
me? Your Lps. know, many men are of different opinions
in that difficulty, and I am confident you will not determine
the controversy by an Act of Parliament. They were nibbling
at my Diary in this, to show ' that it was one of my projects
to fetch in impropriations / but it was not fit for their pur
pose : for 'tis expressed, * that if I lived to see the repair of
St. Paul's near an end, I would move his Majesty for the like
grant for the buying in of impropriations V And to buy them
from the owners, is neither against law, nor against anything
else that is good ; nor is it any usurpation of papal power.
2. The second proof, was my procuring from the King
such impropriations in Ireland, as were in the King's power,
to the Church of Ireland. " Which Mr. Nicolas (in his
gentle language) calls robbing of the Crown." My Lords, the
case was this : — The Ld. Primate of Armagh P writ unto me,
how ill conditioned the state of that Church was for want of
means, and besought me that I would move his Majesty to
give the impropriations there, which yet remained in the
Crown, for the maintenance and encouragement of able
ministers to live among the people, and instruct them :
assuring me, they were daily one by one begged away by
private men, to the great prejudice both of Crown and
Church. And the truth of this, the Ld. Primate is now in
this kingdom, and will witness. I acquainted the King's
great officers, the Ld. Treasurer 1 and the Chancellor of the
Exchequer r, with it. And after long deliberation, the King
was pleased, at my humble suit, to grant them in the way
1 ['might stand.' in margin.]
0 Diary, in fine,nu.'21. [22. Yol. iii. proper place in Dec. 1633.]
p. 255.] i [Richard Weston, first Baron
P [See Abp. Ussher's letter, num- Weston, afterwards Earl of Portland.]
bored clxxii. in Parr's Collection, and r [Sir F. (afterwards Lord) Cot-
by him erroneously placed in 1632. tington.]
It is restored by Dr. Elrington to its
OF ARCHBISHOP LAUD. 177
which I proposed. Which was, that when they came into Die
the Clergy's hands, they should pay all the rents respectively Octavo-
to the King ; and some consideration for the several renew-
ings. And the truth of this appears in the deeds s. So here
was no robbing of the Crown. For the King had all his set
rents reserved to a penny, and consideration for his casualties
beside. And, my Lords, the increase of Popery is complained
of in Ireland. Is there a better way to hinder this growth,
than to place an able Clergy among the inhabitants ?
(152) Can an able Clergy be had without means ? Is any
298 means fitter than impropriations restored ? My Lords, I did
this, as holding it the best means to keep down Popery, and
to advance the Protestant religion. And I wish with all my
heart, I had been able to do it sooner, before so many impro
priations were gotten from the Crown into private hands *.
Next I was charged with another project in my Diary u, VIII.
which was to settle some fixed commendams upon all the
smaller bishoprics. For this, I said their own means were
too small to live and keep any hospitality, little exceeding
four or five hundred pound a year. I considered that the
commendams taken at large and far distant, caused a great
dislike and murmur among many men. That they were in
some cases materia odiosa, and justly complained of. And
hereupon I thought it a good Church-work, to settle some
temporal lease, or some benefice sine cura, upon the lesser
bishoprics ; but nothing but such as was in their own right
and patronage : that so no other man's patronage might
receive prejudice by the bishop's commendam : which was
not the least rock of offence, against which commendams
endangered themselves. And that this was my intent and
endeavour, is expressed in my Diary : and I cannot be sorry
for it.
Then I was accused for setting old popish canons above IX.
the laws. Mr. Burton is the sole witness. He says, ' it was
in a case about a pew, in which those canons did weigh
down an Act of Parliament.' a I did never .think till now
8 [The King's order to the Lords * [As, e. g. by Sir John Bathe, whose
Justices of Ireland, respecting these case is mentioned in Laud's letter to
impropriations, is given by Collier Ussher, July 5, 1630.]
' (Eccl. Hist. vol. ii. p. 749), from the u Diary, in fine. nu. 8. [leg. 9, vol.
original in the Paper Office.] iii. p. 254.]
LAUD. — VOL. iv.
178 HISTORY OF THE TROUBLES AND TRIAL
Die Mr. Burton would have made any canons pew -fellows with an
Octavo. ^ct Qf parijament." But seriously, should not Mr. Burton's
testimony for this have been produced at the second instance
of this day x ? For in the end of that is just such another
charge; and the answer there given will satisfy this, and
that by Act of Parliament too y.
X. After this came a charge with a great outcry, that since
my coming to be Archbishop I had renewed the High-Com
mission, and put in many illegal and exorbitant clauses,
which were not in the former. Both the commissions were
produced z. Upon this I humbly desired, that the docket
might be read ; by which their Lps. might see all those par
ticulars which were added in the new commission, and so be
able to judge, how fit or unfit they were to be added. The
docket was read. And there was no particular found, but
such as highly deserved punishment, and were of ecclesias
tical cognizance, as blasphemy, schism, and two or three
more of like nature.
1 . In this charge, the first exorbitant l clause they insisted
on, as added to the new commission, was the ' power given
in locis exemptis, et non exemptis,' as if it were thereby
intended to destroy all privileges. No, not to destroy any
privilege, but not to suffer enormous sins to have any privilege.
Besides, this clause hath ever been in all commissions that
ever were granted. And I then showed it to the Lords in the
old commission there present, pp. 28, 32, 35, 42. " Nay more,
this proceeding, tarn in locis exemptis, quam non exemptis, is
allowed to the governors of the Church, in the exercise of
their ecclesiastical jurisdiction, by Act of Parliament in Queen
Elizabeth's time a ; which would never have been allowed, had 299
it then been thought such a dangerous business, as 'tis now
made against me *."
2. The second clause was, ' Power to censure by fine and
imprisonment/ This also I showed in the old commission,
fol. 37 3, and is, as I conceive, in plain pursuance of the Act
exorbitant ' in margin.]
' Nay more . . against me.' on opposite page.]
' fol. 37,' in margin.]
x [P. 148. of orig. MS. See above, z [The two Commissions are given
p. 170.] inPtymer,Foed.VII. iv. 171— 181, and
y 25 Hen. VIII. cap. 19, §ult. [See VIIL iv. 34-43.]
above, p. 170, note d.] • 1 Eliz. cap. 2. [§ 23.]
Or ARCHBISHOP LAUD. 179
of Parliament upon which the High-Commission is grounded15. Die
For the King says there, fol. 13, (and so His in the new,)
that he grants this power, hy virtue of his supreme authority
and prerogative royal, f and of the said Act c.' Nay further,
His added in this latter commission, ' and by our authority
ecclesiastical/ which is not expressed in the former. And
sure I would never have caused ' authority ecclesiastical ' to
be added, had I any plot (as His urged) either to exalt the
clergy above the laity, or to usurp ' papal power/ which all
men know is far enough from ascribing ecclesiastical autho
rity to the King. And as for fine and imprisonment ; if that
power be not according to law, why was it first admitted, and
after continued in all former commissions l ?
3. The third clause was the non obstante, which he said
was ' against (153) all law, and of such a boundless extent,
as was never found in commission or other grant in England/
And he here desired the Lords, that he might read it 2, which
he did, with great assurance of a triumph. But after all this
noise, which Mr. Nicolas had made, I showed the same non
obstante in the old commission, fol. 62, word for word, which
I humbly desired might be read and compared : it was so.
The Lords looked strangely upon it : Mr. Nicolas was so
startled, that he had not patience to stay till his reply, (which
he saw impossible to be made,) but interrupted me, and had
the face to say in that honourable assembly, that I need not
stand upon that, for he did but name that, without much
regarding it. And yet at the giving of the charge, he insisted
principally upon that clause, and in higher and louder terms
than are before expressed. Had such an advantage been
found against me, I should have been accounted extremely
negligent, if I compared not the commissions together; or
extremely impudent, if I did.
4. The fourth exception was, c that by this commission I
took greater power than ever any court had, because both
temporal and ecclesiastical/ First, whatsoever power the
High-Commission had, was not taken by them, till given by
1 [' And as ... commissions'?' on opposite page.]
2 ['that he might read it/ originally Ho read it,']
b 1 Eliz. cap. 1, § [1]8. virtue of this Act.'
c The words of the statute are, 'by
N 2
180 HISTORY OF THE TROUBLES AND TRIAL
Die his Majesty, and that according to use and statute (for
Octavo. allght hath been yet declared). Secondly, they have not
power of life or limb, therefore not so great power as other
courts have. Thirdly, they may have more various power in
some respects, but that cannot make it greater. " As for the
expression in which 'tis said, ' I took this power ;' that is put
most unworthily, and unjustly too, to derive the envy as much
as he could upon my person only." For he could not hold
from comparing me to Pope Boniface VIII. and saying, that
' I took on me the power of both swordsV But this was only
ad faciendum populum. For he knows well enough, that to
take both the swords, as the Pope takes them, is to challenge
them originally as due to him and his place : not to take
both, as under the prince, and given by his authority ; and 300
so, not I alone, but all the commissioners take theirs.
5. Fifthly, to prove that this vast commission (as it was
called) was put in execution, Mr. Burton is produced. He
says, that ' when he was called into the High-Commission, he
appealed to the King, and pleaded his appeal ; and that
thereupon I and the Bp. of London writ to the King to have
him submit to the court/ He confesses he was dismissed
upon his appeal, till his Majesty's pleasure was further known.
And it was our duty, considering what a breach this would
make upon the jurisdiction of the court, to inform his
Majesty of it ; and we did so. The King declared, that he
should submit to the court, as is confessed by himself. Then
he says, c because he would not submit to the court, he was
censured notwithstanding his appeal/ And he well deserved
it, that would not be ruled by his Majesty, to whom he had
appealed. And the Commission had power to do what they
did. Besides, himself confesses, all this was done by the
High- Commission, not by me. Nor doth he urge any threat,
promise, or solicitation of mine, any way to particularise the
act upon me ; and further, he is single, and in his own cause.
XI. Then followed the last charge of this day, which was the
patent granted for the fines in the High-Commission for
finishing the west end of St. Paul's, cried out upon as illegal,
and extorted from the King, and such as took all power from
d [See Extrav. Com. lib. i. tit. ' De sanctam/ in lib. Extrav. p. 208. Corp.
Majorit. et Obcd.' cap. 1. ' Unain J"ur. Can. torn, iii.]
OF ARCHBISHOP LAUD. 181
him for the space of the ten years, for which time it was Die
granted. This is the fourth time that St. Paul's is struck at. Octam
My Lords, let it come as often as it will, my project and
endeavour in that work was honest and honourable, to both
church and kingdom of England. No man in all this search
and pursuit hath been able to charge me with the turning of
any one penny, or pennyworth, to other use than was limited
to me. I took a great deal of care and pains about the work,
and cannot repent of anything I did in that service, but of
human frailty. And whereas 'tis said, 'this patent was
extorted from his Majesty;' as there is no proof offered
for it, so is there no truth in it. (154) For his Majesty's
piety was so forward, that nothing needed to be extorted
from him. Thus went I on, bona fide, and took the prime
direction of the kingdom for drawing the patent ; the L.
Keeper Coventry6, Mr. Noyf, and Sir Henr. Martin z. 'And
therefore if anything be found against law in it, it cannot be
imputed to me, who took all the care I could to have it
beyond exception. And I marvel what security any man
shall have, that adventures upon any great and public work
in this kingdom; if such counsel cannot be trusted for
drawing up of his warrant. " And whereas it was said, ' this
patent for the ten years' space took away both justice and
mercy from the King :' that's nothing so. For whatever the
words be to enable me the better for that work, yet these
being inseparable from him, may be used by him, notwith
standing this or any other patent. And if these be insepa
rable (as 'tis granted they are) , no inseparable thing can be
taken away ; or if it be taken, 'tis void in law, and the King
is where he was in the exercise of his right, both for justice
and mercy. And so I answered Mr. Brown's summary
301 charge against me ; and as for that which he further urged
concerning S. Gregory's church, Mr. Inigo Jones and others
were trusted with that whole business, and were censured for
it in this present Parliament h. In all which examination, no
1 [Originally, ' And the Ld. Keeper was so careful (to his honour I speak it)
that he would needs draw the ' The sentence was not completed ; the words
are crossed out.]
e [See above, p. 167, note &.] h [See Nalson's Collection, vol. i.
f [Attorney-General.] pp. 728,729, 771.]
s [Judge of the Prerogative Court.]
182 HISTORY OF THE TROUBLES 1ND TRIAL
Die part of the charge fell on me1/' And because here are so
many things urged about free-chapels, lay-fees, patents, ap
peals, and the like, I humbly desire a salvo may be entered
for me, and that my counsel may be heard for matter of law,
if any doubt stick with your Lps.
This day ended, I did, according to my resolution for
merly taken, move the Lords for means, considering my
charge in coming, and how oft I had attended and was not
heard. Their Lps. considered of my motion, and sent me
out word I should petition them. I did humbly petition their
Mali 6. Lps., May 6. My petition was presently sent down to the
House of Commons, that so by both Houses it might be
recommended to the Committee' for Sequestrations *. But
upon a speech in the House of Commons, that it was fit to
see what would become of me, before they troubled them
selves with thinking of means for me, my petition was cast
aside.
1 [' And if these . . . fell on me.' on opposite page.]
' [The following is the entry in the venue of his archbishopric having been
Lords' Journals : — now two years under sequestration,
" Die Mercurii, 8° die Mali. — Upon his goods seized ; therefore desired
reading the petition of William, Arch- that some fitting, present, timely pro-
bishop of Canterbury, prisoner in the portion may be timely (sic) allotted
Tower, showing/ That having no other him, for his present maintenance :'
means than by this his humble peti- " Hereupon this House ordered,
tion to renew his most humble motion That this petition be recommended to
made to your Lordships at the bar the House of Commons ; and desired
for some support, according to the that such course may be taken for his
necessity of his occasions of attending relief herein as is usual in things of
before your Lordships, the whole re- this nature."]
OF AHCHBISHOP LAUD. 183
CAP. XXXI.
AT my parting from the House, I was ordered to appear
again on Thursday, May 91. But then fairly put off by an Mali 9.
order (sent to the Lieutenant of the Tower) to Monday, May
13, so the scorn and charge of that day was scaped. But then Mail 13.
I appeared according to this order, and had scorn plenty, for
what I escaped the day before. Arid, after long attendance,
was dismissed again unheard, and had Thursday, May 16,
assigned unto me. That day held, and proceeded thus.
THE NINTH DAY OE MY HEARING.
The first charge of this day was about a reversion of the I.
town-clerk's office of Shrewsbury2 to one Mr. Lee, which he Mail 16,
desired might be inserted into the new charter 3. First, Mr. ~. '
Lee is single here, and in his own case. Secondly, it appears
by his own confession, out of the mouth of Mr. Barnard, that
there was a reference of this business to those Lords to whom
Shrewsbury charter was referred. For he says, that Mr.
Barnard told him his business was stayed, and he thought
by me, but did not know whether the Lord Keeper's hand
were not in it : so it seems by himself, this was done by the
Lords referees, and not by me. Thirdly, I did not then
think, nor do now, that the reversion of a place to be sold for
three hundred pound4, (as he confesses that was,) was fit to
be put into a town charter ; but yet neither I nor tlje Ld.
Keeper did anything in that stop, but what we acquainted
302 his Majesty with, and had his approbation of. And, whereas
he says, that he acquainted the Right Honourable the E. of
Dorset a with (155)the stay that was made, and ' that hereupon
his Lp. should say, Have we two kings ?' I cannot believe
1 [There originally followed here, and afterwards erased, 'After scorn by the
way, and long attendance there, I was sent back unheard. And command, d to
be there again on Monday, Mail 13. Then put off again to Thursday, Mail 16;
but this was ']
of Shrewsbury ' in margin.] 3 [Originally, 'of Shrewsbury.']
for three hundred pound/ in margin.]
a [Edward Sackville, fourth Earl of Dorset of that family. See vol. iii.
p. 151, note *.]
181 HISTORY OF THE TROUBLES AND TRIAL
Die Nono. that honourable lord would so say, unless he were much
abused by Mr. Lee's information, both in regard of his love
to me ; and in regard it could not proceed from a man of so
great a judgment as that lord is. For, I beseech your Lps.
consider, may not lords, to whom a business is referred, give
his Majesty good reason to alter his mind in some particulars
which they have debated, and not he ? And may not this
be done, without any one of them taking on him to be a
second king ?
II. The second charge was laid on me by Sir Arthur Hasel-
rigg : (which should have come in the day before, as Mr.
Nicolas said, but that Sir Arthur was absent in the necessary
service of the State). Sir Arthur being single, and in his own
case, says, ' that Sir John Lambe presented a blind parson to
a living of his.' If Sir John did that, or any unworthy thing
else, aetatem habet, let him answer for himself. He says
further, ' that this living is an impropriation, and so a lay-fee
by law ; and that when he told me so much, I made him this
answer, That if I lived, no man should name or stand upon
his lay-fee.' I conceive, my Lords, here's a great mistake in
the main. For I have been credibly informed, and do believe,
that benefice is presentative, and so no lay-fee. And then
there's no fault to present unto it, so the clerk be fit.
Secondly, there is a main mistake in my words, which I
remember well, and where it was that I spake them. My
words, under this gentleman's favour, and your Lps.', were
these, and no other, That I had good information that the
benefice was presentative, and that if I lived, I hoped to order
it so, that no man should make a presentative benefice a lay-
fee ; there were too many of them already. Thirdly, if I did
speak the words as they are charged, if they come within
that statute of six months, so often mentioned, to that I refer
myself. ' Whatsoever the bird at this time of the year sings ;'
as Mr. Nicolas was pleased to put it upon me. And truly,
my Lords, I could easily return all his bitterness upon him
self, could it befit my person, my present condition, or my
calling.
III. The third charge was about the refusing of a pardon, which
Mrs. Bastwick said she produced in the High-Commission
Court, some nine or ten years since : and she adds, that
OF ARCHBISHOP LAUD. 185
' I should then say, it should not serve his turn/ But this Die Nono.
was no rejecting of the pardon ; for she confesses I said,
' I would move his Majesty about it/ So that if it did not
serve his turn, it was from the King himself, upon motion
made and reason given, not from any power assumed by the
High-Commission or myself. And the act, whatever it were,
was the act of the whole court, not mine. As for the words
(if mine), I give the same answer as before, notwithstanding
Mr. Nicolas his bird.
The fourth charge was, that whereas there was a proclama- IV.
tion to be printed about the Pacification with the Scots, it
was suddenly stopped, and an order after for burning of the
303 Pacification. First, Mr. Hunscotb is single in this charge.
Secondly1, whatsoever was done in this, was by order of
Council : and himself names an order, which could not come
from me. Thirdly, he charges me with nothing but that I
sent word the proclamation was to be stayed : which if I did,
I did it by command. Howsoever, this concerns the Scottish
business, and therefore to the Act of Oblivion I refer myself.
" With this, that I see by this testimony, Mr. Hunscourt (for
I took his name uncertainly) hath not yet forgotten, ( Thou
shalt commit adultery0/ So desirous he is to catch me at
the press."
The fifth charge was about a benefice in Northampton- V.
shire, in the case of Mr. Fautrye, and Mr. Johnson, and Dr.
BeaVsd succeeding theme. In which broken business (for
such it was), first, that business all along was acted by the
High-Commission, not by me. Secondly, that though in
the case of simony the benefice be lost, ipso facto ; yet that
(156) must be proved before the incumbent can be thrust out,
and another instituted ; else churchmen were in a miserable
condition for their livelihood. Excommunication is in many
1 ['Mr. Hunscot . . . Secondly/ in margin.]
b [Joseph Hunscot. See above, pp. e [Peter Fantrart (called Fawtrard
79, 165.] by Baker, Hist, of Northamptonshire,
c [Referring to the gross misprint vol. ii. p. 205) was presented to Pau-
in the edition of the Bible, for which lerspury, April 6, 1630 (Rymer, Feed,
the printers were fined.] P. 146 [of VIII. iii. 166) ; Ezekiel Johnson, on
orig. MS. See above, p. 165]. Dec. 2, 1631 (ibid. p. 223) ; and William
d [William Beale was elected Master Beale, Oct. 31, 1 637 (ibid. IX. iii. 144).
of S. John's College, Cambridge, in In all these cases the living is said
1633. He was one of the chief sufferers to have been vacant by reason of
in that Univ. from the Puritans.] simony.]
186 HISTORY OF THE TROUBLES AND TRIAL
Die Nono. cases void in law, ipso facto, and yet, ante latam sententiam,
till sentence be orderly pronounced against it, no man shall1
be subjected to those fearful consequences which follow upon
it. " And upon this ground of natural equity, that in the
statute concerning the uniformity of common prayer proceeds,
where 'tis said, that a party once convicted for depraving the
Common-Prayer Book, and relapsing into the same crime,
shall be deprived of all his spiritual promotions, ipso facto f.
But how ? without any legal proceedings ? No : God forbid.
For the words preceding immediately in that statute, are, ' that
he must be first legally convicted of that criminal relapse / and
then follows ipso facto, and not before2 :" and therefore the
superinstitution, before the simony tried and judged, was
illegal ; beside the great danger to the parishioners while two
parsons and their several friends are scrambling for the tithes.
Secondly, Fautrye was not censured for the original cause of
simony, but for an intruder, and colluder too, with Jeames
to abuse the King's grant of the benefice. Thirdly, it seems
Fautrye had no better opinion of his own cause : for he went
to his benefice in Jarsey, and set not his title on foot again
till after seven years, and that I think was when he heard
that Mr. Johnson was a pretender to it. And his bond upon
the sentence was to make a final peace. For the prohibition,
which he says was refused, I have answered that before in
the charge about prohibitions. Besides, it appears by law,
that as prohibitions may be granted in some cases, so in some
cases they may be refused e. For Dr. Beal, there is not the
least show of proof offered, that I brought him in ; if to do
so be a crime.
Thus far Mr. Fautrye went. As for Mr. Johnson's title,
he says, ' that the Lords ordered it for him, and declared that
we in the High-Commission could put no man out of his
freehold.' Where first, if your Lps. have ordered this busi
ness, I must crave to know how far I shall have leave to
speak to it: for if there be any errors charged upon3 the
sentence given in the High-Commission, if they may not be
spoken to, they cannot be satisfied. This I am sure of, the
1 ['it, no man shall' originally 'him, he shall not']
2 [' And upon . . . before :' on opposite page.]
3 ['charged upon' in margin.]
f 1 Eliz. c. 2. [§ 5.] * 13 Ed. I.
OF ARCHBISHOP LAUD. 187
304 Commission hath power to deprive. For the statute gives it Die Nono.
power ' to use all ecclesiastical and spiritual censures h/ of
which deprivation is known to be one l. And that power is
expressly given, to deprive some offenders of all their spiritual
promotions,, by the statute following1. Therefore I think it
follows necessarily, either that we have power over freehold
in that case; or else, that a benefice is not a freehold. But
I have no reason howsoever to speak anything (were I left
never so free) against your Lps/ order, which very honourably
left Dr. Beal to the law ; as 'tis confessed by Johnson.
Besides these two in their own cause, one Mr. Jenkins is pro
duced, " but to what end I know not, unless it be to bespatter
Dr. Beal." He says, that seven years since, Dr. Beal was
Vice -Chancellor of Cambridge k ; that in his sermon he then
inveighed bitterly against the power of Parliaments, and
named some unsavoury speeches of his, both concerning
their persons and proceedings. Surely, if Dr. Beal did as is
testified, he was much to blame. But what is this to me ?
If it be said, ' I did not punish him :' how could I punish
that I knew not ? And I profess I heard not of it till now
at bar. If it be said, ' I did prefer him :' that I do abso
lutely deny ; and neither Mr. Jenkins, nor any other, offers
the least proof, that I knew the one, or did the other.
The sixth charge was concerning the Statutes of the Uni- VI.
versity of Oxford, in which, and the cathedrals of the new
erection, Mr. Nicolas says, I took on me to be an universal
lawgiver. Many such offices he bestows upon me, which God
knows, and I believe he too, that I never affected : no, my
Lords, the great necessities of that University called upon
me for it : their statutes lay in a miserable confused heap :
when any difficulty arose, they knew not where to look for
remedy or direction. Then into the Convocation-House, and
make a new statute ; and that many times proved contrary
to an old one concerning the same business. Men in the
meantime sworn to both, which could not possibly be kept
together. By this means perjury was in a manner unavoid
able : and themselves confess in their Register (which is now
1 [' For the statute . . . one.' on opposite page.]
h 1 Eliz. c. 1, § 8. k [Beale was appointed Vice-Chan-
1 1 Eliz. c, 2. cellor in 1634.]
188 HISTORY OF THE TROUBLES AND TRIAL
Die Nono in court) that till this was done, they did in a sort swear,
that they might be forsworn1.
(157) Besides, my Lords, I did not abolish any the old
books, in which the statutes lay so confused, some in one
book, and some in another ; but left them all entire in the
University, in case in any after-times any use might be made
of them. Nor did I with them as some ancient philosophers
are said to have done with the works of some that went
before them : that is, make them away, to advance their own
honour the more, as if without any help of former pains, they
had done all themselves. Holding it honour more than
enough for me, that God had so highly blessed me in this
work, as to finish and settle those statutes ; which the greatest
men in their times, Cardinal Wolseym first, and after him
Cardinal Pole n, assayed, but left as imperfect as they found
them. Neither did I anything in this work, but by the
consent of the University, and according to an Act (and a
delegacy thereby appointed) of their own Convocation °.
Mr. Nicolas says, ' there is a rasure in one of the Acts,
and supplied in other ink/ I told your Lps. then presently, 395
(being loth to lie never so little under such an imputation,)
that l if there be any such, it must be charged upon the Uni
versity, not upon me ; for those records were never in my
hands, nor is it so much as said they were. And since I
withdrew to make my answer, I have viewed the record, and
an alteration or addition there is; and 'tis a known hand.
"Tis Dr. Duppa's hand, now L. Bishop of Salisbury, and then
Vice-Chancellor P, who I doubt not but is able to give a good
account of what he did therein, and why. And for aught
appears, 'tis nothing but the amendment of some slip, which
their ignorant register French 1 had failed in, and the Vice-
Chancellor thought it safest to mend with his own hand.
And for my own part, if ever I did anything worth thanks
1 ['being loth . . . that ' in margin.]
I Jurati ante, ut perjuri evaderent, pp. 132, 133.]
[Reg. Conv. R.] fol. 69. [In the letter ° [See Hist, of Chancellorship, p.
in which the University submitted 102, note *.]
the Statutes to the ordering of the P [Duppa was Vice-Chancellor from
Archbishop, quoted in Hist, of Chan- July 19, 1632, to July 26, 1634.];
cellorship, p. 91.] i [John French, Fellow of Merton
m [See Wood's Annals, ad ann. 1518, College, elected Registrar in 1629.
1520, pp. 15, 18, 19.] Wood terms him 'a careless man,
II [See Wood's Annals, ad an. 1556, though a good scholar.' (F. 0. i. 452.)]
OF ARCHBISHOP LAUD. 189
from the public in all my life, I did it in this work for that Die Nono.
University. And I wish with all my heart the times were so
open, as that I might have the University's testimony, both
of me and it. " Since I cannot, a great lord present in the
House, when this charge was laid against me, supplied in part
their absence. For he was overheard say to another lord,
* I think my Ld. Archbishop hath done no good work in all
his life, but these men will object it as a crime against him
before they have done/ '
With this charge about the statutes, it was let fall, (and
I well know why ; " it was to heat a noble person then
present1/') ' that I procured myself to be chosen Chancellor
of that University.' If I had so done, it might have been a
great ambition in me, but surely no treason. But, my Lords,
I have proof great store, might I be enabled to fetch it from
Oxford, that I was so far from endeavouring to procure this
honour to myself, as that I laboured by my letters for an
other. And 'tis well known, that when they had chosen me,
I went instantly to his Majesty, so soon as ever I heard it,
and humbly besought him, that I might refuse it, as well
foreseeing the envy that would follow me for it ; and it did
plentifully everyway. But this for some reasons his Majesty
would not suffer me to do1.
Then were objected against me divers particulars contained
in those statutes1. 1. ' As first, the making of new oaths.' The
charters of the University are not new, and they gave power
to make statutes for themselves, and they have ever been upon
oath. 2. The next illegality is, ' that men are tied to obey the
Proctors in singing the Litany.' This is ancient3, and in use
long before ever I came to the University, and it is according
to the Liturgy of the Church of England established by law.
3. Thirdly, 'the statute of bannition from the University1.3
But there is nothing more ancient in the University Statutes
than this. 4. Fourthly, ' that nothing should be proposed in
Convocation, but what was consented unto among the Heads
1 [P. 144. is written in the margin, against this place, in the Archbishop's
hand, referring to the passage inserted in that page of the original MS., but
belonging to this place. See above, p. 161.]
r [Philip, Earl of Pembroke, his B), fol. 139 b.]
competitor for the Chancellorship.] l [See tit. xv. De Moribus Confor-
* [Corp. Stat. tit. ix. sect. i. § 5, from mandis, passim.]
the Book of the Senior Proctor (marked
190 HISTORY OF THE TROUBLES AND TRIA.L
Die Nono. of Colleges first ; which was said to be against the liberty of
the students11.' The young Mrs. of Arts, void of experience,
were grown so tumultuous, that no peace could be kept in the
University, till my worthy predecessor, the Right Honourable
William E. of Pembroke, settled this order among them. As
he did also upon the same grounds settle the present way of
the (158) choice of their Proctors x. In both which, I did but
follow, and confirm (for so much as lay in me) the good and
peaceable grounds which he had laid in those two businesses. 306
" And Mr. Brown, who in the summing up of my charge
urged this against me, mainly mistook in two things. The
one was, that he said, this inhibition of proposals was in Con
gregations : whereas it was only in Convocations, where more
weighty businesses are handled. The other was, that this
stay of proposals was made, till ' I might be first acquainted
with them/ No ; it was but till the Heads of Colleges had
met, and considered of them, for avoiding of tumultuary
proceedings. And when my honourable predecessor made
that order, it was highly commended everywhere ; and is it
now degenerated into a crime, because it is made up into a
statute1?" 5. Fifthly, 'that some things are referred to
arbitrary penalties V And that some things are so referred is
usual in that University, and many colleges have a particular
statute for it. Nor is this any more power than ordinary
schoolmasters have, which have not a statute-law for every
punishment they use in schools. And in divers things, the
old known statute is, that the Vice-Chancellor shall proceed
grosso modo, that is, without the regular forms of law, for
the more speedy ending of differences among the scholars.
6. Sixthly, 'that the statute made by me against conventicles
is very strict7-/ But for these that statute is express, De
illicitis Conventiculis, and I hope such as are unlawful may be
both forbid, and punished. Besides, it is according to the
charter of Richard the Second to that University a. 7. The
seventh was ' the power of discommoning/ But this also hath
ever been in power and in usage in that University ; as is com-
1 [' And Mr. Brown, . . . statute V on opposite page.]
u [Corp. Stat. tit. x. sect. ii. § 2; bus Conformand is, passim.]
and tit. xiii.] z [Tit. xv. § 12 [leg. 13].
1 [See Wood's Annals, ad an. 1629, a [As is expressly stated in the
p. 365 ; and Corp. Stat. Append, p. 56.] statute itself.]
y [See Corp. Stat. tit. xv. De Mori-
OF AECHBISHOP LAUD. 191
monly known to all Oxford-men. And no longer since than Die Nono.
King James his time, Bishop Kingb, then Vice-Chancellor,
discommoned three or four townsmen together. 8. Next,
' that students were bound to go to prison upon the Vice-
Chancellor's or Proctors' command c.} This also was ancient,
and long before my coming to the University. And your
Lps. may be sure the delegacy appointed by themselves would
not have admitted it, had it not been ancient and usual.
Lastly, ' about the stay of granting graces, unless there were
testimony from the bishop of the diocese V This was for no
graces, but of such as live not resident in the University, and
so they could not judge of their manners and conversation.
And for their conformity to the Church of England, none (as
I conceive) can be a fitter witness than the bp. of the diocese
in which they resided. And, my Lords, for all these thus
drawn up by some of their own body, I obtained of his
Majesty his broad seal for confirmation e : and therefore no
one thing in them is by any assumption of papal power, as
'tis urged, but by the King's power only.
Then followed the seventh charge, about the statutes of VII.
some cathedral churches. First, my Lords, for this I did it
by letters-patent from the King, bearing date Mar. 31,
decimo Caroli f, and is extant upon record. And all that was
done was per juris remedia, and so nothing intended against
law, nor done, that I know. They had extreme need of
statutes, for all lay loose for want of confirmation, and1 men
did what they listed : and I could not but observe it, for I
was Dean of Gloucester, where I found it so. In seeking to
remedy this, I had nothing but my labour for my pains, and
307 now this accusation to boot. The particulars urged are,
1. ' that I had ordered, that nothing should be done in these
statutes, me inconsul£o.' And I had great reason for it.
1 [' for want of confirmation, and ' in margin.]
b [Dr. John King, Dean of Christ- (p. 304).]
Church (afterwards Bishop of London), c [Tit. xv. § 2, and passim.]
was Vice- Chancellor, 1607-1610. Wood d Tit. ix. [sect, iii.] § 2.
terms him " a fierce maintainer and e [The King's ratification is prefixed
defender of the University privileges." to the Corpus Statutorum.]
(Fasti, p. 118.) See a long account f [The document is recorded in the
of these proceedings in Wood's Annals, Archbishop's register. It is erroneously
ad an. 1609, pp. 299-304. They ended dated in Wilkins' Cone. (torn. iv. pp.
in the discommoning of several of the 532, 533,) ' anno regni nostri decimo
citizens, whose names are there given tertio.']
192 HISTORY OP THE TROUBLES AND TRIAL
Die Nono. For since I was principally trusted in that work by his
Majesty, the King, if any complaint were made, would expect
the account from me. And how could I give it, if other
men might do all, and I not be so much as consulted before
they passed ?
2. ' That I made a statute against letting leases into three
lives s.' But first, my Lds., the statute which makes it
lawful to let leases for one-and-twenty years, or three lives,
hath this limitation in it, 'that they shall not let for any
more years than are limited by the said colleges or churches11.'
Now in Winchester Church, and some other, the old l local
statute is most plain, that they shall let no lease into lives.
Let the dean and prebendaries answer their own acts and
their consciences as they can. And in those statutes which
I did not find pregnant to that purpose, I did not make the
statute absolute, but left them free to renew all such leases
as were anciently in lives before. And this give me leave to
say to your Lps. without offence ; If but a few more leases
be granted into lives, no bishop nor cathedral church shall
be able to subsist. And (159) this is considerable also, that,
as the state of the Church yet stands, the laity have the
benefit, by the leases which they hold, of more than five
parts of all the bishops', deans and chapters', and college
revenues in England. " And shall it be yet an eyesore to
serve themselves with the rest of their own ? This evidence
Mr. Browne, whose part it was to sum up the evidence
against me at the end of the charge, wholly omitted : for
what cause he best knows 2."
VIII. The next charge 'was about my Injunctions in my visita
tion of Winton and Sarum, for the taking down of some
houses.' But they were such, as were upon consecrated
ground, and ought not to have been built there ; and yet
with caution sufficient to preserve the lessees from over
much damage 3. For it appears apud acta, that they were
not to be pulled down till their several leases were expired l.
1 ['old' in margin.] 2 ['This evidence . . . knows.' on opposite page.]
3 [There originally followed in this place, ' And since the law of the land
hath provided.' The words were afterwards erased.]
* [See the letters of King Charles I. 'l [This does not so appear in the
to Laud on this subject, in Wilkins' Injunctions to Winchester Cathedral.
Concilia, torn. iv. pp. 493, 494. J The Injunctions to Salisbury Cathe-
h 13 Eliz. cap. 10, § penult. dral have not been met with.]
OF ARCHBISHOP LAUD. 193
And that they were houses not built long since, but by Die Nono.
them ; and that all this was to be done, to the end * that the
Church might suffer no damage by them : and that this
demolition was to be made 2 juxta Decreta regni, according
to the Statutes of the kingdom. Therefore nothing enjoined
contrary to law: or if anything were, the injunction took
not place, by the very tenor of that which was charged.
"Mr. Browne omitted this charge also, though he hung
heavily upon the like at St. Paul's, though there was satis
faction given, and not here 3."
The ninth charge was my intended visitation of both the IX.
Universities, Oxford and Cambridge. For my troubles began
then to be foreseen by me, and I visited them not. 1. This
was urged as a thing directly against law. But this I con
ceive cannot be, so long as it was with the King's knowledge,
and by his warrant. 2. Secondly, because all power of the
King's visitations was saved in the warrant, and that with
consent of all parts. 3. Thirdly, because nothing in this
was surreptitiously gotten from the King, all being done at a
most full Council-table, and great counsel at law heard on
308 both sides k. 4. Fourthly, because it did there appear, that
three of my predecessors did actually visit the Universities,
and th&tjure Ecclesice SUCK metropoliticce. 5. Fifthly, no im
munity pleaded, why the Archbishop should not visit ; for the
instance against Cardinal Poole is nothing. For he attempted
to visit, not only by the right of his See, but by his power
legatine from the Pope ; whereas the University charters are
express, that such power l of visitation cannot be granted per
Bullas Papales. And yet now 'tis charged against me, that
T challenged this4 by Papal power. " Mr. Browne wholly neg-
Hhat all ... end' originally 'to this end']
* that this . . . made ' in margin. Originally ' all this']
' Mr. Browne omitted . . . here.' on opposite page.]
'that I challenged this' in margin. Originally ' that I did this now']
k [See an account of the proceedings Universities, in right of his See, about
in Rushworth's Collections, vol. ii. pp. the year 1635. Which being seized on
324, seq. Some papers relating to the by Pryn, among his other papers at
Archbishop's claim to visit the Uni- Lambeth, were by him, after the
versity of Cambridge, will be found Archbishop's death, published in his
in vol. v. pp. 555, seq.}* own name, with this title, "The Plea
1 The Archbishop had collected of the University of Oxford refuted,
many papers, decrees, and precedents, &c." London, 1647. Eight sheets in
to assert his privilege of visiting the 4to.— H. W.
LAUD. — VOL. iv. O
194 HISTORY OF THE TROUBLES AND TRIAL
Die Nono. lected this charge also, which, making such a show, I think
he would not have done, had he found it well grounded."
X. The tenth charge was my visitation of Merton College
in Oxford. The witness, Sir Nathaniel Brent m, the Warden
of the college, and principally concerned in that business.
1. He said, first, fthat no visitation held so long/ But if he
consult his own office, he may find one much longer, held
and continued at All- Souls College by my worthy predecessor,
Archbishop Whitgift n. 2. Secondly, he urged 'that I should
say I would be Warden for seven years/ If I did so say,
there was much need I should make it good. 3. Thirdly,
' that one Mr. Rich. Nevil, Fellow of that college, lay abroad
in an ale-house, that a wench was got with child in that
house, and he accused of it ; and that this was complained of
tome; and Sir Nath. Brent accused for conspiring with the
ale-wife against Nevil.' I am not here to accuse the one or
defend the other. But the case is this. This cause between
them was public, and came to hearing in the Vice- Chan
cellor's Court, witnesses examined, Mr. Nevil acquitted, and
the ale-wife punished. In all this I had no hand. Then in
my visitation it was again complained of to me. I liked not
the business ; but forbare to do anything in it, because it had
been legally censured upon the place. " This part of the
charge Mr. Browne urged against me in the House of Com
mons, and I gave it the same answer/' 4. Lastly, when
I sat to hear the main business of that college, Sir Nathaniel
Brent was beholding to me that he continued Warden. For
in Archbp. Warham's time, a predecessor of his was expelled
for less than was proved against him °. And I found that
true which one of my visitors had formerly told me, namely,
(160) That Sir Nathaniel Brent had so carried himself in that
college, as that if he were guilty of the like, he would lay his
m [Nathaniel Brent, who had mar- following year, was compelled to re-
ried the niece of Abp. Abbot, was sign it in 1650; and died in 1652.
made Commissary of the Diocese (Wood, Ath. Ox. iii. 333 — 335.)]
of Canterbury, and Vicar-General. n [Strype mentions two visitations of
Though in these capacities he carried All Souls College, by Abp. Whitgift,
on Abp. Laud's visitation, on the in 1592 and 1602.]
change of his fortune he sided with ° [The person here spoken of, was
his enemies, took the Covenant, and Richard Rawlms, who was deprived of
openly joined the rebels. He was de- his Wardenship in 1521, and in 1523
prived of his Wardenship by the King was made Bishop of S. David's. (Wood,
in 1645 ; and though restored the Ath. Ox. ii. 743.)]
OF ARCHBISHOP LAUD. 195
key under the door, and be gone, rather than come to answer Die None,
it. Yet I did not think it fit to proceed so rigidly. But
while I was going to open some of the particulars against
him, Mr. Nicolas cut me off, and told the Lords, this was
to scandalize their witnesses. So I forbare.
Then followed the last charge of this day, concerning a XL
book of Dr. Bastwick's, for which he was censured in the
High- Commission. The witnesses in this charge were three.
Mr. Burton, a mortal enemy of mine, and so he hath showed
himself. Mrs. Bastwick, a woman and a wife, and well
tutored: for she had a paper, and all written which she
309 had to say ; though I saw it not till 'twas too late. And
Mr. Hunscot, a man that comes in to serve all turns against
me, since the sentence passed against the printers, for, ' Thou
shalt commit adultery P/
1 . In the particulars of this charge, 'tis first said, ' that this
book was written contra Episcopos Latiales^. But how cun
ningly soever this was pretended, 'tis more than manifest, it
was purposely written and divulged against the bishops and
Church of England. 2. Secondly, ' that I said that Christian
bishops were before Christian kings :' so Burton and Mrs.
Bastwick. And with due reverence to all kingly authority
be it spoken, who can doubt but that there were many Chris
tian bishops before any king was Christian ? 3. Thirdly,
Mr. Burton says, ' that I applied those words in the Psalm,
"Whom thou mayest make princes in all lands r," to the
bishops.' For this, if I did err in it, many of the Fathers of
the Church misled me, who interpret that place so s. And if
I be mistaken, 'tis no treason. But I shall ever follow their
comments before Mr. Burton's. 4. Fourthly, Mrs. Bastwick
says that I then said, ' no bishop and no king :' if I did say
so, I learned it of a wise and experienced author, King James,
who spake it out and plainly in the Conference at Hampton-
P [See above, pp. 79, 165, 185.] Episcopi . . . ' Constitues eos principes
i [The title of Bastwick's book was, super omnem tcrram.' H8ec est Ca-
" Flagellum Pontificis et Episcoporum tholica Ecclesia; filii ejus constituti
Latialium." It was published in 1635.] sunt principes super omnem terrain,
r psa]. xiv. 17. filii ejus constituti sunt pro patribus.
" [It may be sufficient to quote the — S. Aug. Enarr. in Ps. xliv. § 32. Op.,
language of S. Augustine : " Quid est, torn. iv. coll. 564. C. D., 565. A. Other
« Pro patribus tuis nati sunt tibi filii r passages of the Fathers, to the same
Patres missi suiit Apostoli, per Aposto- effect, are quoted in Hickes's Treatises,
lis filii nati sunt tibi, constituti sunt vol. ii. pp. 344 — 346.]
O 2
196 HISTORY OF THE TROUBLES AND TRIAL
Die Nono. Court *. And I hope it cannot be treason in me to repeat it.
5. Fifthly, Mrs. Bastwick complained, f that I committed her
husband close prisoner/ Not I, but the High-Commission ;
not close prisoner to his chamber, but to the prison, not to
go abroad with his keeper. Which is all the close imprison
ment which I ever knew that court use. 6. Lastly, the pinch
of this charge is, ( that I said, I received my jurisdiction from
God, and from Christ, contrary to an Act of Parliament, which
says Bps. derive their jurisdiction from the King V This is
witnessed by all three, and that Dr. Bastwick read the statute.
That statute speaks plainly of jurisdiction in for o contentioso,
and places of judicature, and no other. And all this forensical
jurisdiction, I and all Bps. in England derive from the Crown.
But my order, my calling, my jurisdiction in foro conscienticR,
that is from God, and from Christ, and by divine and aposto
lical right. And of this jurisdiction it was that I then spake
(if I named ' jurisdiction ' at all, and not my calling in gene
ral). For I then sate in the High-Commission, and did
exercise the former1 jurisdiction under the broad seal, and
could not be so simple to deny the power by which I then
sate. Beside, the Canons of the Church of England, to which
I have subscribed, are plain for it x. Nay further : the use
and exercise of my jurisdiction in foro conscientia, may not
be but by the leave and power of the King within his domi
nions. And if bishops and presbyters be all one order (as
these men contend for), then bishops must be jure divinOj for
so they maintain that presbyters are. " This part of the
charge Mr. Browne pressed in his report to the House of
Commons : and when I gave this same answer, he in his
reply said nothing but the same over and over again, save
that he said, ' I fled to he knew not what inward calling and
jurisdiction ;' which point as I expressed it, if he understood
not, he should not have undertaken to judge me."
1 ['the former' in margin.]
* Conf. at Hampt. Court, [by Wil- u 37 Hen. VIII. cap. 17. [§ 2.]
liam Barlow,] p. 84. [p. 82. Lond. x Can. 1.
1604.]
OF ARCHBISHOP LAUD. 197
310 CAP. XXXII.
THE 16th of May I had an order from the Lords, for free Mali 16.
access of four of my servants to me.
On Friday, May 17, 1 received a note from the Committee, Mali 17.
that they intended to proceed upon part of the sixth original
Article remaining, and upon the seventh; which seventh
Article follows in hac verba : —
That he hath traitorously endeavoured to alter and subvert
God's true religion by law established in this realm, and
instead thereof to set up Popish superstition and idolatry.
And to that end hath declared and maintained in speeches
and printed books, divers Popish doctrines and opinions,
contrary to the Articles of Religion established. He hath
urged and enjoined divers Popish and superstitious cere
monies, without any warrant of law ; and hath cruelly
persecuted those who have opposed the same, by corporal
punishment and imprisonment ; and most unjustly vexed
others ivho refused to conform thereunto, by ecclesiastical
censures of excommunication, suspension, deprivation, and
degradation, contrary to the law of this kingdom1.
THE TENTH DAY OP MY HEARING.
This day, May 20, Mr. Sergeant Wild undertook the busi- Mali 20,
ness against me. And at his entrance he made a speech, Monday.
being now to charge me with matter of religion. In this
speech he spake of a tide which came not in all at once.
And so he said it was in the intended alteration of religion.
First a connivance, then a toleration, then a subversion. Nor
this, nor that. But a tide it seems he will have of religion.
(161) And I pray God His truth (the true Protestant religion
here established) sink not to so low an ebb, that men may with
ease wade over to that side, which this gentleman seems most
1 [' That he hath . . . kingdom' on opposite page.]
198 HISTORY OF THE TROUBLES AND TRIAL
Die to hate. He fears both ' ceremonies and doctrine/ But in
cimo> both he fears where no fear is ; which I hope shall appear.
He was pleased to begin with ( ceremonies/
I. In this he charged, first, e my chapel at Lambeth, and
innovation in ceremonies there/
(1.) The first witness for this was Dr. Featlya; he says,
' there were alterations since my predecessor's time/ And
I say so too, or else my chapel must lie more undecently than
is fit to express. He says, 'I turned the table north and
south/ The injunction says it shall be sob. And then the
innovation was theirs in going from, not mine in returning
to that way of placing it. " Here Mr. Browne, in his last reply
in the House of Commons, said, that I cut the injunction short,
because in the words immediately following, 'tis ordered, ' that 311
this place of standing shall be altered when the communion is
administered/ But first, the charge against me is only about
the place of it : of which that injunction is so careful, that it
commands, f that when the communion is done, it be placed
where it stood before/ Secondly, it was never charged
against me, that I did not remove it at the time of commu
nion ; nor doth the reason expressed in the injunction require
it ; ' which is when the number of communicants is great, and
that the minister may be the better heard of them/ Neither
of which was necessary in my chapel, where my number was
not great, and all might easily hear/'
(2.) The second thing which Dr. Featly said, was in down
right terms, 'that the chapel lay nastily, all the time he
served in that house/ Was it one of my faults, too, to
cleanse it?
(3.) Thirdly, he says, ' the windows were not made up with
coloured glass, till my time/ The truth is, they were all
shameful to look on, all diversely patched, like a poor beggar's
coat. Had they had all white glass, I had not stirred them.
And for the crucifix, he confesses it was standing in my pre
decessor's time, though a little broken : so I did but mend it,
* [Dr. Daniel Featley, or Fairclough, account of the circumstances of his
originally a chorister of Magdalen Col- dismissal. See Wood, Ath. Ox. iii.
lege, afterwards Scholar and Fellow of 1 58, where mention is also made of
Corpus Christi College, Oxford. He his other preferments.]
became chaplain to A bp. Abbot about b Injuncfc. of Q. Eliz. fine. [VVil-
1614, and left his service in 1625. His kins' Cone. torn. iv. p. 188.]
nephew, John Featley, gives a curious
OF ARCHBISHOP LAUD. 199
I did not set it up (as was urged against me). " And it was Die
utterly mistaken by Mr. Brown c, that I did repair the story Decimo-
of those windows, by their like in the Mass -book. No, but
I, and my secretary, made out the story, as well as we could,
by the remains that were unbroken. Nor was any proof at
all offered, that I did it by the pictures in the Mass-book ;
but only Mr. Pryn testified, that such pictures were there :
whereas this argument is of no consequence ; There are such
pictures in the Missal ; therefore I repaired my windows by
them. The windows contain the whole story from the creation
to the day of judgment : three lights in a window : the two
side-lights contain the types in the Old Testament, and the
middle light the antitype and verity of Christ in the New:
and I believe the types are not in the pictures in the Missal.
In the meantime, I know no crime or superstition in this
history : and though Calvin do not approve images in churches,
yet he doth approve very well of them which contain a history ;
and says plainly, that these have their use in docendo et admo-
nendo, in teaching and admonishing the people d : and if they
have that use, why they may not instruct in the Church, as
well as out, I know not. Nor do the Homilies ° in this parti
cular differ much from Calvin."
But here the statute of Ed. VI. was charged against me,
' which requires the destruction of all images, as well in glass-
windows, as elsewhere V " And this was also earnestly pressed
by Mr. Brown, when he repeated the sum of the charge
against me in the House of Commons." To which I answered
at both times : First, that the statute of Ed. VI. spake of
other images ; and that images in glass- windows were neither
mentioned nor meant in that law : the words of the statute
are, ' Any images of stone, timber, alabaster, or earth ; graven,
carved, or painted, taken out of any church, &c., shall be
destroyed/ &c., and not reserved to any superstitious use.
So here's not a word of glass- windows, nor the images that are
in them. Secondly, that the contemporary practice (which
312 is one of the best expounders of the meaning of any law) did
neither destroy all coloured windows, though images were in
c in his reply. e Horn, of Idol. par. ii. torn. ii. p. 27.
d Calv. i. Instit. c. 11. § 12. [Op., fine. [pp. 166, 167. Oxf. 1814.]
torn. ix. p. 22.] f 3 and 4 Ed. VI. c. 10. [§ 2.]
200 HISTORY OF THE TROUBLES AND TRIAL
Die them in the Queen's time, nor abstain from setting np of new,
both in her and King James his time. And as the body of
this statute is utterly mistaken, so is the penalty too ; which
* for the first and second offence is but a small fine ; and but
imprisonment at the King's will for the third/ " A great
way short of punishment for treason. And I could not but
wonder that Mr. Brown should be so earnest in this point,
considering he is of Lincoln's- Inn, where Mr. Pryn's zeal
hath not yet beaten down the images of the Apostles in the
fair windows of that chapel ; which windows also were set up
new long since that statute of Edward VI.e And 'tis well
known, that I was once resolved to have returned this upon
Mr. Brown in the House of Commons, but changed my mind,
lest thereby I might have set some furious spirit on work to
destroy those harmless, goodly windows ; to the just dislike
of that worthy Society."
But to the statute Mr. Brown added, f that the destruction
of all images, as well in windows, as elsewhere, were con
demned h by the Homilies of the Church of England, and
those Homilies confirmed in the Articles of Religion1, and the
Articles by Act of Parliament.' This was also urged before ;
and my answer was, first, that though we subscribed generally
to the doctrine of the Homilies, as good; yet we did not
express, or mean thereby to justify and maintain every parti
cular phrase or sentence contained in them. And, secondly,
that the very words of the Article to which we subscribe, are,
( That the Homilies do contain a godly and a wholesome
doctrine, and necessary for those times.' Godly, and whole
some for all times ; but necessary for those, when people were
newly weaned from the worship of images : afterwards, neither
the danger, nor the scandal alike. " Mr. Brown in his reply
said, ' that since the doctrine contained in the Homilie^ was
wholesome and good, it must needs be necessary also for all
times.' But this worthy gentleman is herein much mistaken.
Strong meat, as well spiritual as bodily, is good and whole
some; but though it be so, yet if it had been 'necessary' at
£ [Sec a description of these win- h 1. c was commended,' or ' com-
dows in Winston on Glass Painting, mauded.' [Abp. Bancroft suggests the
p. 205. The figure of S. John the omission of the words, 'the destruc-
Baptist was executed at the expense tion of.']
of Attorney-General Noy,] J Art. 35.
OF ARCHBISHOP LAUD. 201
all times, and for all men, the Apostle would never have fed Die
the Corinthians with milk, and not with meat J : the meat
always good in itself, but not necessary for them which were
not able to bear it 1."
(4.) The fourth thing which Dr. Featly testifies is, 'that
there were bowings at the coming into the chapel, and going
up to the communion-table,' "This was usual in Queen
Elizabeth's time, and of old, both among Jews, as appears in
the story of Hezekiah, 2 Chro. xxix. 28 k, and among Chris
tians, as is evident in Rhenanus his Notes upon Tertullian l : "
and one of them, which have written against the late canons,
confesses it was usual in the Queen's time ; but then adds,
' that that was a time of ignorance m/ What, a time of such
a reformation, and yet still a time of ignorance ? I pray God
the opposite be not a time of profaneness, and all is well.
" Mr. Brown, in the sum of his charge given me in the
House of Commons, instanced in this also. I answered as
before, with this addition, Shall I bow to men in each House
of Parliament, and shall I not bow to God in His house,
313 whither I do, or ought to come to worship (162) Him ?
Surely I must worship God, and bow to Him, though neither
altar nor communion -table be in the church."
(5.) ' For organs, candlesticks, a picture of a history at the
back of the altar, and copes at communions, and consecra
tions/ all which Dr. Featly named. First, these things have
been in use ever since the Reformation. And secondly,
Dr. Featly himself did twice acknowledge that it was in my
chapel, as it was at White-Hall; no difference. And it is not
to be thought, that Queen Elizabeth and King James would
have endured them all their time in their own chapel, had
they been introductions for Popery. And for copes, they
are allowed at times of communion, by the Canons of the
Church n. So that these, all or any, are very poor motives,
from whence to argue an ' alteration of religion/
1 [The last two paragraphs were inserted in the MS. on a separate sheet.]
J 1 Cor. iii. 1, 2. ceu in haram sues?"]
k 2 Chron. xxix. 28. m Bp. Morton de Missa, lib. vi.
1 B. Rhenani Annot. in Tert. de cap. 5. [There is an error in this
Coron. Mil. p. 40. [Franek. 1597. The reference, which the Editor is unable
words alluded to seem to be, " Quis to correct.]
ferat populum in templum irruentem, " Can. Eccles. Ang. 24.
202 HISTORY OF THE TROUBLES AND TRIAL
Die 2. The second witness against my chapel was Sir Nath.
Decimo. ^rent. But he says not so much as Dr. Featly ; and in what
he doth say, he agrees with him, saving that he cannot say
whether the picture at the back of the communion-table were
not there before my time.
3. The third witness for this charge, was one Mr. Bore-
man °, who came into my chapel at prayers time, when I had
some new plate to consecrate for use at the communion;
and I think it was brought to me for that end by Dr. Featly.
This man says, first, ' he then saw me bow, and wear a cope/
That 's answered. Secondly, ' that he saw me consecrate
some plate ; that in that consecration, I used some part of
Solomon's prayer at the dedication of the temple ; and that
in my prayer I did desire God to accept those vessels/ No
fault in any of the three. For in all ages of the Church,
especially since Constantino's time, that religion hath had
public allowance, there have been consecrations of sacred
vessels, as well as of churches themselves. And these inani
mate things are holy, in that they are deputed and dedicated
to the service of God i\ And we are said ' to minister about
holy things V 1 Cor. ix. And ' the altar ' is said ' to sanctify
the giftr,' S. Matt, xxiii., which it could not do, if itself were
not holy. So then, if there be no dedication of these things to
God, no separation of them from common use, there 's neither
1 thing ' nor ' place ' holy. And then no ' sacrilege ; ' no
difference between churches and common houses ; between
'holy-tables' (so the injunction calls them) and ordinary
tables3. But I would have no man deceive himself ; sacri
lege is a grievous sin, and was severely punished even
among the Heathen. And S. Paul's question puts it home,
would we consider of it, ' Thou which abhorrest idols, com-
mittest thou sacrilege i ? ' Rom. ii. Thou which abhorrest
idols to the very defacing of church windows, dost thou,
thou of all other, commit sacrilege, which the very wor-
0 [The evidence of Samuel Bord- P [S.] Tho. [Aquin. Summ. Theol.]
man is given in full by Prynne, Cant. p. iii. q. Ixiii. A. 6. Ad secuiidum.
Doom, p. 65. A Samuel Bourman q 1 Cor. ix. 13.
was instituted, July 20, 1641, to the r S. Matt, xxiii. 19.
Rectory of S. Magnus, (Newc. Repert. s Injunct. of Q. Eliz. in fine. [Wil-
vol.i. p. 399;) and as he retained his kins' Cone, tom.iv. p. 188.]
living through the whole of the Rebel- t Rom. ii. 22.
lion, he was probably the same person.]
OF ARCHBISHOP LAUD. 203
shippers of idols punished? And this being so, I hope my Die
use of a part of Solomon's prayer, or the words of my own •Decimo-
prayer, (' that God would be pleased to accept them,') shall
not be reputed faults.
But here stepped in Mr. Pryn, and said, ' This was accord
ing to the form in Missali Parvo.'1 But 'tis well known
I borrowed nothing thence. All that I used was according
to the copy of the late Reverend Bishop of Winchester, Bp.
Andrews, which I have by me to be seenu, and which himself
used all his time \
314 Then from my chapel, he went to my study. 1. And II.
there the first charge was, ' that I had a Bible with the five
wounds of Christ fair upon the cover of it/ This was
curiously wrought in needlework. The Bible was so sent me
by a lady, and she a Protestant ; I was loth to deface the
work; but the Bible I kept in my study from any man's
hand or eye, that might take offence at it. "Mr. Brown
touched upon this, and my answer was the same, saving that
I mentioned not the lady 2. 2. Secondly, ' that I had in
my study a Missal, and divers other books belonging to the
Roman Liturgy.' ' My Lords, 'tis true, I had many ; but
I had more of the Greek Liturgies than the Roman. And
I had as many of both as I could get. And I would know,
how we shall answer their errors, if we may not have their
books? I had Liturgies, all I could get, both ancient and
modern. I had also the Alcoran in divers copies. If this be
an argument, why do they not accuse me to be a Turk ?
3. Thirdly, to this charge was added my ' Private Prayer-
book, which Mr. Pryn had taken from me in his search.'
Where first I observed, That the secrets between God and
my soul, were brought to be divulged in open court. " Nihil
gravius dicam. But see whether it can be paralleled in
Heathenism." But what Popery was found in these (163)
prayers ? 1. Why, first they said, ( my prayers were in
canonical hours, hora sexta, et hora nona} fyc.' I enjoined
myself several hours of prayer ; that, I hope, is no sin. And
1 ['and which . . , time.' in margin.]
2 ['Mr. Brown . . . lady.' on opposite page.]
u [See Bp. Andrewes's Form for Consecrating Church Plate, in his Minor
Works, p. 159. Oxf. 1853.]
204 HISTORY OF THE TROUBLES AND TRIAL
Die if some of them were Church hours, that 's no sin neither :
' Seven times a day will I praise thee V was the Prophet
David's, long before any canonical hours. And among
Christians they were in use before Popery got any head.
God grant this may be my greatest sin l. 2. Secondly, ( the
prayer which I made at the consecration of the chapel at
Hammersmith^/ I desired that might be read, or any other.
No offence found. 3. Thirdly, the word ( prostratus, in my
Private Devotions, before I came to the Eucharist z.9 If I did
so to God, what 's that to any man ? But, I pray, in all this
curious search, (" and Mr. Pryn here, and all along, spared no
pains,") why were no2 prayers to the B. Virgin and the
Saints found, if I were so swallowed up in Popery ?
III. From my study, he went on to my gallery. The Sergeant
would find out Popery ere he had done. Thence I was
charged with three pictures. 1. ' The first of them was a fair
picture of the four Fathers of the Western Church : S. Am
brose, S. Jerom, S. Augustine, and S. Gregory/ It was as
lawful to have this picture as the picture of any other men.
'Yea; but there was a dove pictured over them, and that
stood for the Holy Ghost.' That 's more than any witness
did, or durst depose. 2. The second was, e the Ecce Homo, as
Pilate brought Christ forth, and showed Him to the Jews/
This picture is common, and I yet know no hurt of it, so it
be not worshipped. And that I detest as much as any man,
and have written as much against it as any Protestant hath :
and it was then read in part a. And for both these pictures
I answered farther out of Calvin b ; That it is lawful to make,
and have the picture of any things quorum sint capaces
oculi, which may be seen. Now the dove was visible and
seen. S. John i.c That 's for the first picture. And for the
second, the Ecce Homo ; why did Pilate say Ecce, but that the 315
Jews might and did see Him? S. Joh. xix.d So both pic
tures lawful by the rule laid down by Calvin.
' God grant . . . sin.' in margin.]
' why were no' originally ' were no ']
* Psal. cxix. [164.] b Lib. i. Inst. cap. 11. § 12. [Op.,
y [See Works, vol. iii. p. 96.] torn. ix. p. 22.]
z [Ibid. p. 74.] c g. John i. 32, 33.
8 [Cont. Fisher, § 33. p. 279. [Edit. d S. John xix. 5.
1639; pp. 310—312, Oxf. 1849.]
OF ARCHBISHOP LAUD. 205
<f Mr. Brown charged against both these pictures very Die
warmly. And when I had answered as before, in his reply Decimo-
he fell upon my answer ; and said it was in the Homilies (but
either he quoted not the place, or I else slipped it), ' That
every picture of Christ was a lie, becaus.e whole Christ cannot
be pictured/ But by this argument it is unlawful to picture
any man : for the whole man cannot be pictured. Who ever
drew a picture of the soul? And yet who so simple as to
say the picture of a man is a lie ? Besides, the Ecce Homo is
a picture of the humanity of Christ only, which may as law
fully be drawn as any other man. And it may be I may
give further answer, when I see the place in the Homilies."
3. The third picture found in my gallery, I marvel why
it was produced. For it relates to that of our Saviour,
S. John x., where He says, c that the shepherd enters into
the sheepfold by the door, but they which climb up to enter
another way, are thieves and robbers e.' And in that picture
the Pope and the friars are climbing up to get in at the
windows. So 'tis as directly against Popery as can be.
Besides, it was witnessed before the Lords by Mr. Walter
Dobson, an ancient servant, both to Archbishop Bancroft and
Abbot, that both the Ecce Homo and this picture were in the
gallery when he came first to Lambeth-House, which was
about forty years since. So it was not brought thither by
me to countenance Popery f. And I hope your Lps. do not
think me such a fool, if I had an intention, to alter religion,
I would hang the profession of it openly in my gallery,
thereby to bring present danger upon myself, and destroy
the work which themselves say I intended cunningly. And
if there be any error in having and keeping such pictures,
yet that is no sufficient proof, that I had any intention to
alter the religion established, which I desire may be taken
notice of once for all.
From my gallery the Sergeant crossed the water to White- IV.
Hall (and sure in haste, for at that time he took no leave of
e S. John x. 1, 2. as were the windows of the chapel,
f All these pictures were placed in and the chapel itself converted to a
the gallery by Cardinal Pole, when he dancing-room by them, having first
built it, and continue there still, beat down Archbishop Parker's tomb
having not been defaced by the godly in the middle of it, and cast his bones
party in the time of the Rebellion, upon the dunghill. — H. W.
206 HISTORY OF THE TROUBLES AND TRIAL
Die Captain Guest e, or his wife, before he left Lambeth). At
Decimo. the Court he met gir Henr Mildmayh. This (164) knight
being produced by him against me, says, ' that in my time bow
ings were constantly used in the chapel there/ 1. But first,
Dr. Featly told your Lps., there was nothing in my chapel
but as it was in use at White-Hall. So all the Popery I could
bring, was there before. And secondly, If bowing to God in
His own house be not amiss, (as how it should I yet know
not,) then there can be no fault in the constant doing of it :
Quod semel fecisse bonum est, non potest malum esse si fre
quenter fiati. So St. Jerome teaches. Thirdly, I am very
sorry, that any reverence to God, in His house, and in the
time of His worship, should be thought too much. I am
sure the Homilies, so often pressed against me, cry out
against the neglect of reverence in the church k. This
passage was read, and by this it seems, the devil's cunning
was, so soon as he saw superstition thrust out of this Church, 316
to bring irreverence and profaneness in. " Here Mr. Browne
having pressed this charge, replies upon me in his last,
'that I would admit no mean, but either there must be
superstition or profaneness ;' whereas my words can infer no
such thing. I said this was the devil's practice. I would
have brought in the mean between them, and preserved it
too, by God's blessing, had I been let alone."
2. Sir Henry says next, ( that he knew of no bowings in
that chapel befpre my time, but by the Eight Honourable
the Knights of the Garter at their solemnity/ No time else ?
Did he never see the King his M. offer before my time ? Or
did he ever see him offer, or the Ld. Chamberlain attend
him there, without bowing and kneeling too ? And for the
Knights of the Garter, if they might do it without supersti
tion, I hope I and other men might do so too. Especially
since they were ordered' by Hen. V. to do it with great
reverence, ad modum sacerdotum *. Which proves the anti
quity of this ceremony in England.
* [Guest was then in charge of [Sect. 10. Op., torn. ii. col. 396 D.]
Lambeth. See Diary, VM ay 9, 1643, k Tom. ii. Horn. i. Princip. [i.e.
Works, vol. iii. p. 251.] The Homily of the Right Use of the
h [See Sir Henry Mildmay's evi- Church.]
dence at. length in Prynne's Cant. J In Registro Windesoriensi, p. 65.
Doom, p. 67.] 'Tis commonly called the Black Book.
1 S. Hieron. adversus Vigilantium. [The origin of this order of Henry V.
OF AKCKBISHOP LAUD. 207
3. He further says, ' there was a fair crucifix in a piece of Die
hangings hung up behind the altar, which he thinks, was not •Decimo-
used before my time/ But that ' he thinks so ' is no proof.
4. He says, 'this fair piece was hanged up in the Passion
Week, as they call it/ As they call it? Which they? Will
he shut out himself from the Passion Week ? All Christians
have called it so for above a thousand years together m ; and
is that become an innovation too ? As they call it. 5. He
says, ' The hanging up of this piece was a great scandal to
men but indifferently affected to religion.' Here I humbly
crave leave to observe some few particulars : 1. First, that
here 's no proof so much as offered, that the piece was hung
up by me or my command. 2. Secondly, that this gentleman
came often to me to Lambeth, and professed much love to
me, yet was never the man that told me his conscience, or
any man's else, was troubled at it ; which had he done, that
should have been a scandal to no man. 3. Thirdly, that if
this were scandalous to any, it must be offensive in regard of
the workmanship ; or quatenus tale, as it was a crucifix. Not
in regard of the work certainly, for that was very exact. And
then if it were because it was a crucifix, why did not the old
one offend Sir Henry's conscience as much as the new? For
the piece of hangings which hung constantly all the year at
the back of the altar, thirty years together upon my own
knowledge, and somewhat above, long before, (as I offered
proof by the vestry men,) and so all the time of Sir Henry's
being in court, had * a crucifix wrought in it, and yet his
conscience never troubled at it. 4. Fourthly, that he could
not possibly think that I intended any Popery in it, con
sidering how hateful he knew me to be at Rome, beyond any
my predecessors since the Reformation. For so he protested
at his return from thence to myself. And I humbly desire a
1 ['and so . . . had' in margin. Originally ' there was ']
is given by the Archbishop in his Queen Mary. It appears, also, from the
speech at the censure of Bastwick, account of the ceremonies observed at
p. 79 in marg. (Works, vol. vi.) the Installation of the Duke of Cum-
Heylin mentions (Hist, of the Ke- berland, in 1730, that these ceremo-
formation, pp. 123, 124) that Queen nies were still observed at that time.
Elizabeth retained the ancient cere- See Hierurg. Angl. pp. 51, 60—62.]
monies observed by the Knights of m Et observabatur ab omnibus. Ve-
the Garter in their adoration towards delius (and he no way superstitious)
the altar, which were abolished by in Igna. Epistola ad Philip. Exercit.
King Edward VI., and revived by [§] xvi. cap. 3. [p. 64. Genev. 1623.]
208 HISTORY OF THE TROUBLES AND TRIAL
Die salvo, that I may have him called to witness it. Which was
Decimo- granted.
When they had charged me thus far, there came up a
message from the House of Commons. I was commanded
to withdraw. But that business requiring more haste, I was
dismissed with a command to attend again on Wednesday,
Mail 22. May 22. But then I was put off again to Monday, May 27.
Man 27. And after much pressing for some (165) maintenance, con
sidering how oft I was made attend, and with no small
Mail 25. expense, on May 25, I had an order from the Committee of
Sequestrations, to have two hundred pound allowed me out 317
of my own now sequestered estate. It was a month before
I could receive this. And this was all that ever was yet
allowed me, since the sequestration of my estate, being then
of above two years' continuance.
OF ARCHBISHOP LAUD. 209
CAP. XXXIII.
THE ELEVENTH DAY OF MY HEARING.
Tins day Mr. Sergeant Wilde followed the charge upon I.
me. And went back again to my chapel windows at Lam- Mail 27,
beth. Three witnesses against them. 1. The first was one Monday
Pember, a glazier. He says, ' there was in one of the glass Die <
windows on the north side, the picture of an old man with a
glory, which he thinks was of God the Father/ But his
thinking so is no proof. Nor doth he express in which of
the north windows he saw it. And for the glory, that is
usual about the head of every saint. 2. And Mr. Brown,
who was the second witness, and was trusted by me for all
the work of the windows, both at Lambeth and l Croydon,
says expressly upon his oath, that there was no picture of
God the Father in the windows at Lambeth. But he says,
' he found a picture of God the Father in a window at
Croydon, and Archbp. Cranmer's arms under it, and that
he pulled it down/ So it appears this picture was there
before my time ; and continued there in so zealous an Arch
bishop's time as Cranmer a was well known to be, and it was
pulled down in my time. Neither did I know till now, that
ever such a picture was there ; and the witness deposes, ' he
never made me acquainted with it/ 3. The third witness was
Mr. Pryn. He says, ' he had taken a survey of the windows
at Lambeth/ And I doubt not his diligence. He repeated
the story in each window. I have told this before, and shall
not repeat it b. He says, ' the pictures of these stories are in
the Mass-book/ If it be so, yet they were not taken thence
by me. Archbishop Morton c did that work, as appears by
his device in the windows. He says, fthe story of the day
1 ['at Lambeth and' originally 'at home and']
a [Abp. of Cant. 1533—1555.] e [Abp. of Cant. 1486—1500.]
>' [See above, p. 199.]
LAUD. — VOL. IV. P
210 HISTOllY OF THE TROUBLES AND TRIAL
Die of judgment was in a window in atrio, that must not come
mo> into the chapel/ Good Ld., whither will malice carry a man?
The story opposite is of the creation ; and what, must not
that come into the chapel neither? The chapel is divided
into an inner and outer chapel. In this outward the two
windows mentioned are. And the partition or screen of the
chapel, which makes it two, was just in the same place where
now it stands, from the very building of the chapel, for
aught can be proved to the contrary. So neither I nor any
man else did shut out l the day of judgment. He says,
'I had read the Mass-book diligently/ How else should
I be able really to confute what is amiss in it ? He says,
' I had also a book of pictures concerning the life of Christ
in my study V And it was fit for me to have it. For some 318
things are to be seen in their pictures for the people, which
their writings do not, perhaps dare not, avow 2.
II. The second charge of this day, was about the admini
stration of the Sacrament in my chapel. The witnesses two.
1. The first was Dr. Hay wood6, who had been my chaplain
in the house. They had got from others the ceremonies
there used; and then brought him upon oath. ' He confessed
he administered in a cope/ And the Canon warranted it f.
He confesses, (as it was urged,) f that he fetched the elements
from the credential (a little side-table as they called it), and
set them reverently upon the communion-table/ Where 's
the offence ? For first, the communion-table was little, and
there was hardly room for the elements to stand con
veniently there, while the service was in administration.
And secondly, I did not this without example ; for both
Bishop Andrews and some other bishops used it so all their
time, and no exception taken e. The second witness was
Rob. Cornwall h, one of my menial servants. A very forward
1 ['neither I ... out' in margin. Originally, ' the day of judgment I did
not shut out, nor any man else.'] 2 ['avow.' orig. written 'deny.']
d [The title of the book as given given an account of his superstitious
by Prynne (Cant. Doom, p. 66) was, and idolatrous manner of administer-
' Imagines Vitse, Passionis et Mortis ing the Lord's Supper. (Wood, Ath.
D. N. Jesu Christ!.' By Boetius a Ox. iii. 634,635.)]
Bolswert, 1623.] { Can. Eccles. Ang. 24.
e [William Heywood, Rector of S. « [On the use of the Credence-table,
Giles-in-the-Fields, and Preb. of West- see Hickes's Pref. Discourse, sect. v.
minster. Articles were exhibited pp. 128 — 130.]
against him in 1641, in which is h [Prynne calls him 'Cordwell.']
OP ARCHBISHOP LAUD. 211
witness he showed himself. But said no more than is said Die
and answered before. Both of them confessing that I was
sometimes present.
The third charge was about the ceremonies at the coro- III.
nation of his Majesty. 1. And first out of my Diary, Feb. 2,
1625, 'tis urged, ' that I carried back the regalia, offered
them on the altar, and then laid them up in their place of
safety1.' I bare the place at the coronation of the (166)
Dean of Westminster J, and I was to look to all those things,
and their safe return into custody, by the place I then
executed. And the offering of them could be no offence.
For the King himself offers upon solemn days. And the
right honourable the Knights of the Garter offer at their
solemnity. And the offertory is established by law in the
Common Prayer-book of this Church. And the preben
daries assured me it was the custom for the Dean so to do.
2. Secondly, they charged a marginal note in the book upon
me : ' That the unction was in forma crucis.' That note
doth not say that it ought so to be done ; but it only relates
the practice, what was done. And if any fault were in
anointing the King in that form, it was my predecessor's
fault, not mine, for he so anointed him. 3. They say, ' there
was a crucifix among the regalia, and that it stood upon the
altar at the coronation, and that I did not except against
it V My predecessor executed at that time. And I believe
would have excepted against the crucifix had it stood there.
But I remember not any there. Yet if there were, if my
predecessor approved the standing of it, or were content to
connive at it, it would have been made but a scorn had
I quarrelled it. 4. They say, ' one of the prayers was taken
out of the Pontifical/ And I say, if it were, it was not taken
thence by me. And the prayers are the same that were used
at King James his coronation. And so the prayer be good
(and here 's no word in it, that is excepted against), 'tis no
matter whence 'tis taken.
5. Then leaving the ceremonies, he charged me with two
1 [See Works, vol. iii. p. 181.] Life of Laud, p. 144. [This crucifix
J [Ibid. p. 178, note0.] is mentioned among the Regalia, in
k Heylin affirmeth, that the old an Indenture between Bp. Andrewes
crucifix, being found among the re- and Dr. Neile, Dean of Westminster.
galia, was then placed upon the altar. MSS. Ashmole, Numb. 837. Art. xlii.]
P2
212 HISTORY OF THE TROUBLES AND TRIAL
Die alterations in the body of the King's oath. One added,
mo' namely these words, ' agreeable to the King's prerogative.'
The other omitted, namely these words, qua populus elege-
rit, ' which the people have chosen, or shall choose.' For this
latter, the clause omitted, that suddenly vanished. For it 319
was omitted in the oath of King James, as is confessed by
themselves in the printed votes of this present Parliament ].
But the other highly insisted on, ' as taking off the total
assurance which the subjects have by the oath of their
prince for the performance of his laws.' First, I humbly
conceive this clause takes off none of the people's assurance ;
none at all l. For the King's just and legal prerogative, and
the subject's assurance for liberty and property, may stand
well together, and have so stood for hundreds of years.
Secondly, that alteration, whatever it be, was not made by
me ; nor is there any interlining or alteration so much as of
a letter found in that book. Thirdly, if anything be amiss
therein, my predecessor gave that oath to the King, and
not I. I was merely ministerial, both in the preparation,
and at the coronation itself, supplying the place of the Dean
of Westminster.
After this day's work was ended, it instantly spread all
over the city, that I had altered the King's oath at his coro
nation, and from thence into all parts of the kingdom ; as if
all must be true which was said at the bar against me, what
answer soever I made. The people and some of the Synod
now crying out, that this one thing was enough to take away
my life. And though this was all that was charged this day
concerning this oath, yet seeing how this fire took, I thought
fit, the next day that I came to the bar, to desire that the
books of the coronation of former kings, especially those of
Queen Elizabeth and King James, might be seen and com
pared, and the copies brought into the court, both from the
Exchequer, and such as were in my study at Lambeth : and
a fuller inquisition made into the business : in regard I was
as innocent from this crime, as when my mother bare me
into the world. A salvo was entered for me upon this. And
1 [The words, ' First, because,' here followed in MS., but are erased.]
1 [Husband's Exact Collection, &c.] Lords and Commons assembled in
p. 706. [Lond. 1643. The document Parliament, in reply to his Majesty's
referred to, is the Declaration of the answer to the Remonstrance.]
OF ARCHBISHOP LAUD. 213
every day that I after came to the bar, I called upon this Die
business. But somewhat or other was still pretended by U
them which managed the evidence, that I could not get the
books to be brought forth, nor anything to be done, till
almost the last day of my hearing. Then no books could be
found in the Exchequer, nor in my study, but only that of
King James ; whereas, when the keys were taken from me,
there were divers books there, as is confessed in the printed
votes of this Parliament m : and one of them with a watchet
satin cover, now missing. And whether this of King James
(had not my secretary, who knew (167) the book, seen it
drop out of Mr. Pryn's bag) would not have been concealed
too, I cannot tell. At last, the book of King James his
coronation, and the other urged against me concerning King
Charles, were seen and compared openly in the Lds/ House,
and found to be the same oath in both, and no interlining or
alteration in the book charged against me.
t( This business was left by the Sergeant to Mr. Maynard,
who made the most that could be out of my Diary against
me. And so did Mr. Brown, when he came to give the sum
of the charge against me, both before the Lds., and after in
the House of Commons. And therefore, for the avoiding of
all tedious repetition; and for that the arguments which
both used, are the same ; and because I hold it not fit to
break a charge of this moment into divers pieces, or put
320 them in different places, I will here set down the whole
business together, and the answer which I then gave.
" Mr. Brown, in the sum of the charge against me in
the Commons-house, when he came to this article, said, ' he
was now come to the business so much expected/ And I
humbly besought that honourable House, if it were a matter
of so great expectation, it might be of as great attention too,
while I should follow that worthy gentleman, step after step,
and answer as I went
" 1. And first, he went about to prove out of my Diary,
that this addition (' of the King's prerogative ') to the oath,
was made by me l. Thus he says, that ' Decemb. 31, 1625,
I went to Hampton-Court V That's true. He says, ' that
1 [The words, ' out of my Diary.' were originally at the end of the sentence.]
m P. 706. n [See Works, vol. iii. p. 176.]
214 HISTORY OF THE TROUBLES AND TRIAL
Die there, Januar. 1, I understood I was named with other Bps.,
mo' to meet and consider of the ceremonies about the corona
tion0; and that, Januar. 4, we did meet at White-Hall
accordingly?; and that, Januar. 6, we gave his Majesty an
answer V Not I (as 'twas charged), but we, gave his Majesty
answer. So if the oath had been changed by me, it must
have been known to the committee, and broken forth to
my ruin long since. Then he says, ' that Januar. 16, I was
appointed to serve at the coronation, in the room of the
Dean of Westminster1'/ That's no crime. And 'tis added
in the Diary, that this charge was delivered unto me by my
predecessor. So he knew that this service to attend at the
coronation was imposed upon me. He says next, 'that
Januar. 18, the Duke of Buckingham had me to the King,
to show his Majesty the notes we had agreed on, if nothing
offended him s.' These were only notes of the ceremonies.
And the other bishops sent me, being puny, to give the
account. Then he says, ' Januar. 23, it is in my Diary,
Librum habui paratum, I had a book ready.' And it was
time, after such meetings; and the coronation being to
follow Feb. 2, and I designed to assist and attend that
service, that I should have a book ready *. The ceremonies
were too long and various to carry them in memory. And
whereas 'tis urged, ' that I prepared and altered this book ;'
the words in my Diary are only, paratum habui, I had the
book ready for my own use in that service. Nor can para
tum habui, signify preparing or altering the book. And
• thirdly, 'tis added there, that the book which I had ready in
my hands, did agree per omnia cum libro regali : and if it
did agree in all things with the King's recorded book then
brought out of the Exchequer, where then is the alteration
so laboriously sought to be fastened on me ? I humbly
beseech you to mark this.
"Yet out of these premises put together, Mr. Brown's
inference was, ' that I made this alteration of the oath.' But
surely these premises, neither single nor together, can pro
duce any such conclusion; but rather the contrary. Beside,
inference upon evidence is not evidence, unless it be abso-
0 [See Works, vol. iii. p. 176.1 r [Ibid.]
* [Ibid. p. 177.] • [Ibid. p. 179.]
1 [Ibid. p. 178.] ' [Ibid.]
OF ARCHBISHOP LAUD. 215
lutely necessary; which all men see that here it is not. But Die
1 pray observe1. Why was such a sudden stay made at
Januar. 23 ? whereas it appears in my Diary at Januar. 31,
that the Bps. were not alone trusted with this coronation
business ; sed alii procereSj ' but other great and noble men
also11/ And they did meet that Januar. 31, and sat in
Council about it. So the Bishops' meetings were but prepa-
321 ratory to ease the Lords, — most of the ceremonies being in
the church-way. And then can any man think, that these
great Lords, when they came to review all that was done,
would let the oath be altered by me or any other, so mate
rially, and not check at it? (168) ;Tis impossible.
" 2. Secondly, this gentleman went on to charge this
addition upon me, thus,— ' There were found in my study at
Lambeth two books of King James his coronation; one of
them had this clause or addition in it, and the other had it
not2; and we cannot tell by which he was crowned; there
fore, it must needs be some wilful error in me, to make
choice of that book which had this addition in it ; or some
great mistake/ First, if it were a mistake only, then it is no
crime. And wilful error it could not be ; for, being named
one of them that were to consider of the ceremonies, I went
to my predecessor, and desired a book, to see by it what was
formerly done. He delivered to me this now in question.
I knew not whether he had more or no, nor did I know that
any one of them differed from other. Therefore, no wilful
error. For I had no choice to make of this book3 which had
the addition, before that which had it not, but thankfully
took that which he gave me. But, secondly, if one book of
K. James his coronation, in which I could have no hand, had
this addition in it, (as is confessed,) then was not this a new
addition of my making. And, thirdly, it may easily be seen
that K. James was crowned by the book which hath this
addition in it, this being in a fair carnation satin cover, the
other in paper without a cover, and unfit for a king's hand,
especially in such a great and public solemnity.
" 3. In the third place he said, ' there were in this book
' But I pray observe.' in margin. Originally, 'Besides.']
and . . . not;' in margin.] 3 ['book' in margin.]
u [See Works, vol. iii. p. 180.]
216 HISTORY OF THE TROUBLES AND TRIAL
We twenty alterations more, and all, or most, in my hand/ Be
' it so, (for I was never suffered to have the book to consider
of,) they are confessed not to be material. The truth is,
when we met in the committee, we were fain to mend many
slips of the pen, to make sense in some places, and good
English in other. And the book being trusted with me,
I had reason to do it with my own hand, but openly at the
committee all. Yet two things, as matters of some moment,
Mr. Brown checked at.
" 1. The one was, ' that confirm is changed into perform.'
If it be so, perform is the greater and more advantageous
to the subject, because it includes execution, which the other
word doth not. Nor doth this word hinder, 'but that the
laws and liberties are the people's already/ For though they
be their own, yet the King, by his place, may and ought to
perform the keeping and maintaining of them. I say, s if it
be so,' for I was never suffered to have this book in my
hands, thoroughly to peruse. Nor, under favour, do I be
lieve this alteration is so made, as His urged. In the book
which I have by me, and was transcribed from the other, it
is confirm1.
" 2. The other is, ' that the King is said to answer, I will,
for / do.' But when will he ? Why, all the days of his life ;
which is much more than ' I do ' for the present. So, if this
change be made, 'tis still for the people's advantage. And
there also 'tis, 'I do grant2.' And yet again I say f if,' for
the reason before given. Besides, in all the Latin copies,
there is a latitude left for them that are trusted, to add to
those interrogatories which are then put to the King any
other that is just : in these words, Adjiciantur prcedictis inter- 322
rogationibus qua justa fuerint. And such are these two
mentioned, if they were made.
" 4. Mr. Brown's fourth and last objection was, that I
made this alteration of the oath, ' because it agrees,' as he
said, ' with my judgment ; for that in a paper of Bishop
Harsnett's, there is a marginal note in my hand, that salvo
jure corona is understood in the oaths of a king.' But, first,
1 [' In the . . . confirm.' in margin.]
2 • [' And . . . grant.' in margin. By the side, in the text, are three lines
" erased. 1
OF ARCHBISHOP LAUD. 217
there 's a great deal of difference between jus Regis et praroga- Die
tiva, between 'the right and inheritance of the King, and his
prerogative, though never so legal. And with submission, arid
until I shall be convinced herein, I must believe that no King
can swear himself out of his native right. Secondly, if this
were, and still be, an error in my judgment, that 's no argument
at all to prove malice in my will : that, because that is my
judgment for jus Regis, therefore I must thrust praroga-
tivam Regis, which (169) is not my judgment, into a public
oath which I had no power to alter. These were all the
proofs which Mr. Maynard at first, and Mr. Brown at last,
brought against me in this particular ; and they are all but
conjectural, and the conjectures weak. But that I did not
alter this oath by adding the prerogative, the proofs I shall
bring are pregnant, and some of them necessary. They are
these : —
" 1 . My predecessor was one of the grand committee for
these ceremonies. That was proved by his servants to the
Lords. Now, his known love to the public was such as that
he would never have suffered me, or any other, to make such
an alteration ; nor would he have concealed such a crime in
me, loving me so well as he did.
" 2. Secondly, 'tis notoriously known, that he crowned
the King, and administered the oath, (which was avowed also
before the Lords by his ancient servants.) And it cannot be
rationally conceived he would ever have administered such an
altered oath to his Majesty.
"3. Thirdly, 'tis expressed in my Diary, at Januar. 31,
1625, (and that must be good evidence for me, having been
so often produced against me,) that divers great Lords were
in this committee for the ceremonies, and did that day sit in
council upon them x. And can it be thought they would not
so much as compare the books? or that, comparing of them,
they would endure an oath with such an alteration to be
tendered to the King? Especially, since 'tis before con
fessed y, that one copy of King James his coronation had this
alteration in it, and the other had it not.
" 4. Fourthly, 'tis expressed in my Diary, and made use of
against me, at Januar. 23, 1625, that this book urged against
* [See Works, vol. iii. p. 180.] y P. 168 [of original MS. See above, p. 215.]
218 HISTORY OF THE TROUBLES AND TRIAL
Die me did agree per omnia cum libro regaliz, in all things with
Undecimo. the King,g book brought out of the Exchequer. And if the
book that I then had, and is now insisted upon, did agree
with that book which came out of the Exchequer, and that in
all things, how is it possible I should make this alteration ?
" 5. Fifthly, with much labour I got the books to be
compared in the Lords' House; — that of K. James his coro
nation, and this of K. Charles ; and they were found to agree 323
in all things to a syllable. Therefore, 'tis impossible this
should be added by me. And this, I conceive, cuts off all
conjectural proofs to the contrary.
" 6. Lastly, in the printed book of the votes of this pre
sent Parliament a, it is acknowledged that the oath given to
King James and K. Charles was the same. , The same :
therefore unaltered. And this passage of that book I then
showed the Lords in my defence. To this Mr. Maynard then
replied, that the votes there mentioned ' were upon the word
elegerit, and the doubt whether it should be hath chosen or
shall choose.' I might not then answer to the reply, but the
answer is plain ; for, be the occasion which led on the votes
what it will, as long as the oath is acknowledged the same,
'tis manifest it could not be altered by me. And I doubt not
but these reasons will give this honourable House satisfaction,
that I added not this particular of the prerogative to the oath.
" Mr. Brown, in his last reply, passed over the other argu
ments, I know not how. But against this he took exception.
He brought the book with him, and read the passage ; and
said (as far as I remember) 'that the votes had relation to
the word choose, and not to this alteration •' which is in
effect the same which Mr. Maynard urged before. I might
not reply, by the course of the court ; but I have again con
sidered of that passage, and find it plain. Thus, first they
say b, They have considered ' of all the alterations in the form
of this oath which they can find ;; therefore, of this alteration
also, if any such were : then they say, ' Excepting that oath
which was taken by his Majesty, and his father, K. James :'
there it is confessed that the oath taken by them was one
and the same, called there that oath which was taken by
z [See Works, vol. iii. p. 179.1 b P. 706.
a [Husband's Exact Collection,] p. 706.
OF ARCHBISHOP LAUD. 219
both. Where falls the exception then ? for 'tis said, ' Ex- Die
cepting that oath/ &c. Why, it follows,— ' Excepting that Undecimo-
the word choose is wholly left out, as well hath chosen as will
choose.' Which is a most manifest and evident confession
that the oath of King James and Ki. Charles was the same
in all (170) things, to the very leaving out of the word
choose. Therefore, it was tl\e same oath all along ; no dif
ference at all. For, Exceptio firmat regulam in non exceptisc;
and here's no exception at all of this clause of the preroga
tive. Therefore, the oath of both the Kings was the same in
that, or else the votes would have been sure to mention it.
Where it may be observed too, that Sergeant Wilde, though
he knew these votes, and was present both at the debate and
the voting, and so must know that the word choose was
omitted in both the oaths, yet at the first he charged it
eagerly upon me, that I had left this clause of choosing out
of King Ch. his oath, and added the other. God forgive
him. But the world may see by this, and some other pas
sages, with what art my life was sought for.
" And yet, before I quite leave this oath, I may say 'tis
not altogether improbable that this clause, ( and agreeing to
the prerogative of the Kings thereof/ was added to the oath
in Edw. VI. or Queen Elizab.'s time : and hath no relation
324 at all to ' the laws of this kingdom/ absolutely mentioned
before in the beginning of this oath ; but only to the words,
' the profession of the Gospel established in this kingdom :'
and then immediately follows, ' and agreeing to the preroga
tive of the Kings thereof;' by which the King swears to main
tain his prerogative, according to God's law, and the Gospel
established, against all foreign claims and jurisdictions what
soever. And if this be the meaning, he that made the
alteration, whoever it were, (for I did it not,) deserves thanks
for it, and not the reward of a traitor."
Now, to return to the day. The fourth charge went on IV.
with the ceremonies still. But Mr. Sergeant was very
nimble ; for he leaped from the coronation at Westminster
to see what I did at Oxford. 1. There the first witness is
Sir Nath. Brent d; and he says, 'The standing of the com-
c [See the Gloss in Clement, lib. v. d [See Brent's evidence at large,
tit. xi. cap. 1. § Cum autem.] Prynne, Cant. Doom, p. 71.]
220 HISTORY OF THE TROUBLES AND TRIAL
Die munion-table at S. Mary's was altered/ I have answered to
°* this situation of the communion-table already. And if it be
lawful in one place, 'tis in another. For the chapel of
Magdalen College6, and Christ Church quire f, he confesses
he knows of no direction given by me to either : nor doth he
know whether I reproved the things there done or no. So
all this is no evidence. For the picture of the B. Virgin
at S. Mary's door, as I knew nothing of it till it was done,
so never did I hear any abuse or dislike of it after it was
done?. And here Sir Nathaniel confesses, too, that he knows
not of any adoration of it, as men passed the streets or
otherwise. When this witness came not home, they urged
the statute of Merton College11, or1 the University1, where,
(if I took my notes right,) they say, ' I enjoined debit am reve-
rentiam. And as I know no fault in that injunction, or
statute, so neither do I know what due bodily reverence can
be given to God in his Church, without some bowing or
genuflection.
2. The second witness was Mr. Corbettk. He says, 'that
when decent reverence was required by my visitors in one of
my articles, he gave reasons against it, but Sir Jo. Lambe
urged it still.' First, my Lords, if Mr. Corbett's reasons
were sufficient, Sir John Lambe was to blame in that ; but
Sir Jo. Lambe must answer it, and not I. Secondly, it may
be observed, that this man, by his own confession, gave
reasons (such as they were) against due reverence to God in
his own house. He says, that ' Dr. Frewen1 told him from
me, that I wished he should do as others did at St. Mary's,
or let another execute his place as Proctor™.' This is but
a hearsay from Dr. Frewen, who being at Oxford, I cannot
produce him. And if I had sent such a message, I know no
crime in it. He says, ' that after this, he desired he might
enjoy in this particular the liberty which the King and the
7 ['of Merton College, or' in margin.]
e [See Wood's History, p. 329.] 'l [See Corp. Stat. tit. vii. sect. i. § 11.]
f [Ibid. p. 462.] k [See Corbet's evidence in full,
* [The porch of S. Mary's Church Prynne's Cant. Doom, p. 71.]
was rebuilt by Dr. Morgan Owen, l [President of Magd. Coll. He
Bishop of Llandaff. See History of was Vice-Chancellor at the time.]
Chancellorship, Works, vol. v. p. 174.] m [See History of Chancellorship,
h § 1. [See Works, vol. v. p. 547.] Works, vol. v. p. 204.]
OF ARCHBISHOP LAUD. 221
Church of England gave himn'. He did so : and from that Die
day he heard no more of it, but enjoyed the liberty which he Undecimo-
asked. He says, ' Mr. Channell ° desired the same liberty,
as well (171) as he/ And Mr. Channell had it granted, as
well as he. He confesses ingenuously, that the bowing
required was only ' toward/ not ' to' the altar. And, ' To the
picture at St. Mary's door/ he says, he never heard of any
reverence done to it ; and doth f believe that all that was
325 done at Christ Church was since my timep/ But it must be
his knowledge, not his belief, that must make an evidence.
3. The third witness, was one Mr. Bendyeq. He says,
' There was a crucifix in Lincoln College Chapel since my
time/ If there be, 'tis more than 1 know. My Ld. of York
that now is, when he was Bp. of Lincoln, worthily bestowed
much cost upon that chapel ; and if he did set up a crucifix,
I think it was before I had aught to do there r. He says,
' there was bowing at the name of Jesus/ And God forbid
but there should ; and the Canon s of the Church requires
it. He says, 'there were Latin prayers in Lent, but he
knows not who enjoined it/ And then he might have held
his peace. But there were Latin sermons and prayers on
Ash- Wednesday, when few came to church, but the Lent
proceeders, who understood them*. And in divers colleges
they have their morning prayers in Latin, and had so, long
before I knew the University u. The last thing he says, was,
'that there were copes used in some colleges, and that a
traveller should say, upon the sight of them, that he saw just
such a thing upon the Pope's back/ This wise man might .
have said as much of a gown : He saw a gown on the Pope's
back ; therefore a Protestant may not wear one : or, entering
into S. Paul's, he may cry, Down with it; for I saw the Pope
in just such another church in Home.
n [See Corbet's petition, ibid. p. built at the charge of Bp. Williams,
205.] and consecrated by Bp. Corbet, in
0 I. Cheynell. [See ibid, note n.] 1631.]
P And the third witness agrees in s Can. 18.
this. * [See Corp. Statut. tit. vi. sect. ii.
1 [See Bendy 's evidence on this §5.]
C' it in Prynne's Cant. Doom, p. 71. u [See Queen Elizabeth's Letters
dy was employed together with Patent for translating the Prayer-
Prynne to search the Archbishop's Book into Latin. Wilkins' Cone,
study. (Ibid. p. 66.)] torn. iv. p. 217.]
r [Lincoln College Chapel was re-
222 HISTORY OF THE TROUBLES AND TRIAL
Die 4. Then was urged the conclusion of a letter of mine sent
' to that University. The words were to this effect, f I desire
you to remember me a sinner, quoties coram altare Dei pro-
cidatis V The charge lay upon the word procidatis ; which
is no more, than that when they there fall on their knees,
or prostrate * to prayer, they would remember me 2. In
which desire of mine, or expression of it, I can yet see no
offence. No, nor in coram altare, their solemnest time of
prayer being at the Communion. " Here Mr. Brown aggra
vated the things done in that University : and fell upon the
titles given me in some letters from thence; but because
I have answered those titles already, I refer the reader
thither w, and shall not make here any tedious repetition.
Only this I shall add, that in the civil law 'tis frequent to
be seen, that not bishops only one to another, but the great
emperors of the world have commonly given that title of
sanctitas vestra, to bishops of meaner place than myself ; to
say no more. But here Mr. Brown, in his last reply, was
pleased to say, ( This title was not given to any bishop of
England V First, if I had my books about me, perhaps this
might be refuted. Secondly, why should so grave a man as
he so much disparage his own nation ? Is it impossible (be
my unworthiness what it will) for an English Bp. to deserve
as good a title as another ? Thirdly, be that as it may, if
it were (as certainly it was) lawfully given to other Bps.,
though they not English, then is it neither ' blasphemy/ nor
' assumption of Papal power/ as was charged upon it V
V. From Oxford Mr. Sergeant went to Cambridge. And
I must be guilty, if aught were amiss there too. For this
fifth charge were produced three witnesses : Mr. Wallis y,
Mr. Greece z, and Mr. Seaman a. Their testimonies agreed
1 [' or prostrate ' in margin.]
2 [' they would remember me.' on opposite page.]
3 [' Here Mr. Brown . . . it.' on opposite page.]
v [See Abp. Laud's Letter to the z [Prynne terms him Nicholas le
University, June 28, 1639. History Greise. See his evidence, ibid. p. 74.
of Chancellorship, Works, vol. v. He was elected" Scholar of S. John's
p. 227.] College, Oxford, in 1635. (Wilson,
w [See above, pp. 157—159.] Merch. Tailors' School, p. 1195.)]
1 [See above, p. 159.] a [Lazarus Seaman, afterwards
y [See his evidence in Prynne's Master of Peter House. See his evi-
Cant. Doom, p. 73.] dence, Prynne, Cant. Doom, p. 74.]
OP AKCHBISHOP LAUD. 223
very near ; so I will answer them together. First, they say, Die
'That at Peter-House there were copes and candlesticks, Undecimo'
326 and pictures in the glass windows ; and the like/ But these
things I have often answered already, and shall not repeat.
They say, ' the chief authors of these things were Dr. Wren b
and Dr^ Cosens c.' They are both living, why are they not
called to answer their own acts ? For here 's yet no show of
proof to bring anything home to me. For no one of them
says, that I gave direction for any of these. No, (says
Mr. Sergeant,) but ' why did I tolerate them ? ' First, no
man complained to me. Secondly, I was not Chancellor,
and endured no small envy for any little thing that I had
occasion to look upon in that place. And thirdly, this was
not the least cause, why I followed my right for power to
visit there d. And though that power was confirmed to me,
yet the times have been such as that I did not then think fit
to use it. It would have but heaped more envy on me, who
bare too much already. "As for Mr. Greece, who hath
laboured much against me in all this business, God forgive
him ; and while he inherits his father's ill affections to me,
God preserve him from his father's end e."
From Cambridge he went to the cathedrals, and first to VI.
Canterbury. Here the charge is, ' bowing versus altare / the
two witnesses, two prebendaries of that church, Dr. Jackson f,
and Dr. Blechenden^. And first, Dr. Jackson says, the ' bow
ing was versus altare : ' so not, ' to/ but ' toward ' the altar :
and Dr. Blechenden says, ' it was the adoration of the high
majesty of God, to whom, if no altar were there, I should
bow.' Dr. Jackson says, 'this bowing was to his grief?
Strange ! I avow to your Lps. and the world, no man did
so much approve all my proceedings in that church as he ;
and for this particular, he never found the least fault with it
(172) to me; and if he conceal his grief, I cannot ease it.
He says, ' this bowing was not in use till within this six or
b [Dr. Matthew Wren, admitted of Durham.]
Master, July 26, 1625, afterwards sue- d [See above, p. 193, note k.]
cessively Bishop of Hereford, Nor- e [See above, p. 48, note £.]
wich, and Ely.] f [Thomas Jackson, Prebendary of
c [Dr. John Cosiu, admitted Master, the third Stall, Eector of Ivy Church,
Feb. 8, 163$ ; ejected by the Parlia- and Minister of Wye in Kent; died
mentary Commissioners, March 13, Nov. 1646.]
164f ; Dean of Peterborough, Nov. 7, g [Thomas Blechinden, Prebendary
1640 ; after the Restoration, Bishop of the second Stall.]
224 HISTORY OF THE TROUBLES AND TRIAL
Die seven years/ Sure the old man's memory fails him. For
mo' Dr. Blechenden says, ' the communion-table was railed about,
and bowings before it, when he came first to be a member
of that church ; and saith, upon his oath, that 's above ten
years ago. And that it was practised before their new
statutes were made; and that in those statutes no punish
ment is inflicted for the breach, or not performance of this
reverence/ I could tell your Lps. how often Dr. Jackson
hath shifted his opinions in religion, but that they tell me
their witnesses must not be scandalized. As for the sta
tutes, my secretary, Mr. Dell, who copied them out, testified
here to the Lords> that I left out divers superstitions which
were in the old book, and ordained many sermons in their
rooms h.
The next cathedral he instanced in was Winchester1. But
there 's nothing but the old objections, copes. And the
wearing of them is warranted by the Canon k; and 'reverence
at coming in, and going out of the church/ And that, great
kings have not (in better ages) thought much to do. And
they did well to instance in the College of Winchester as
well as the church; for 'tis confessed, the injunction sent
thither requires, that ' the reverence used be such as is not
dissonant from the Church of England V So, this may be a
comment to the other injunctions1. " But for the copes in
cathedrals, Mr. Brown in his last reply was not satisfied,
For he said, ( the Canon mentioned but the wearing of one
cope/ Be it so : but they must have that before they can 327
wear it. And if the Canon enjoin the wearing of one, my
injunction might require the providing and using of one.
Besides, if there be no Popery, no introduction to supersti
tion in the having or using of one ; then certainly, there can
be none in the having of more for the same use : the super
stition being lodged in the misuse, not in the number/'
VII. From the cathedrals, Mr. Sergeant went to view some
1 [The Archbishop originally meant here to go on to the seventh charge,
without adding Mr. Brown's reply, for he begins the seventh charge, and
erases it.]
h [The Statutes of Canterbury Ca- cheater Cathedral, ibid. pp. 478, 479.]
thedral are printed in full in vol. v. k Can. 24.
pp. 506 seq.] ] [See the Injunctions to Win-
' [See the Injunctions to Win- Chester College, Works, vol. v. p. 49G.]
OF ARCHBISHOP LAUD. 225
parish churches. And first, 'tis charged, ' that in a parish Die
church at Winchester, two seats were removed to make way Undecimo-
for railing in of the communion-table1"/ But for aught
I know, this might have been concealed. For it was liked
so well, that they to whom the seats belonged, removed them
at their own charges, that the other might be done.
The next instance was in S. Gregory's Church, by S, Paul's".
The charge was, ' the placing of the communion-table altar-
wise/ To the charge itself answer is given before. The
particulars which are new are these : The witness Mr. Wyan.
He says, ' the order for such placing of the table was from
the Dean and Chapter of S. Paul's.' And S. Gregory's is
in their peculiar jurisdiction. So the holy-table was there
placed by the ordinary, not by me. He says next, ' That
the parishioners appealed to the Arches, but received an
order to command them and the cause to the Council-board :
that it was a full Board when the cause was heard, and his
Majesty present : and that there I maintained the Queen's
injunction, about placing the communion-table0.' In all
this, here 's nothing charged upon me, but maintenance of
the injunction ; and I had been much to blame if I should
not have maintained it. He says, ' Sir Henr. Martin came
and saw it, and said it would make a good Court cupboard.'
If Sir Henry did say so, the scorn ill became either his age
or profession ; though a ' Court cupboard ' be somewhat a
better phrase than a c dresser.' God forgive them who have
in print called it so. He says, ' That hereupon I did say,
that he which spake that, had a stigmatical Puritan in his
bosom.' This man's memory serves him long for words :
this was many years since; and if I did speak anything
sounding this way, 'tis more like I should say ' schismatical,'
than ' stigmatical Puritan.' But let him look to his oath ;
and which word soever I used, if Sir Henry used the one, he
might well hear the other. For a profane speech it was, and
little becoming a Dean of the Arches. He says, ' that soon
after this, Sir Henr. was put out of his place.' Not very
m [This was S. Maurice's Church. 88 ; and Kuslmorth's Collections, vol.
See Prynne's Cant. Doom, p. 91.] ii. p. 207.]
n [See the order for placing the ° Q. Eliz. Injunct. fine. [Wilkins'
communion-table in S. Gregory's Cone. torn. iv. p. 188.]
Church, in Prynne's Cant. Doom, p.
LAUD. — VOL. iv. Q,
226 HISTORY OF THE TROUBLES AND TRIAL
Die soon after this ; (173) for I was at the time of this business
mo' (as far as I remember) Bishop of London, and had nothing
to do with the disposing of his place. After, when I came
to be Archbishop, I found his patent was void, neither could
Sir Henry himself deny it. And being void, and in my gift,
I gave it to another?.
He says further, ' that it was urged that this way of placing
the communion-table was against the word of God, in Bp.
Jewel, and Mr. Fox his judgment; and that I replied, it
were better they should not have these books in churches,
than so to abuse them *».' First, for aught I yet know (and
in these straits of time the books I cannot come at), their
judgment, rightly understood, is not so. Secondly, though
these two were very worthy men in their time, yet every
thing which they say is not by and by ' the doctrine of the
Church of England/ And I may upon good reason depart 328
from their judgment in some particulars, and yet not differ
from the Church of England. As in this very particular,
the injunction for placing of the table so, is the act of the
Queen and the Church of England. And I conceive the
Queen, then upon the act of reformation, would not have
enjoined it, nor the Church obeyed it, had it been against
the word of God. Thirdly, if I did say, ' that if they could
make no better use of Jewel and the Book of Martyrs, it
were better they had them not in the churches ; ' they gave
too great occasion for the speech : for they had picked divers
things out of those books which they could not master, and
with them distempered both themselves and their neigh
bours. And yet in hope other more modest men might
make better use of them, I never gave counsel to have those
books removed, (nor is that so much as charged,) but said
only thus, That if no better use would be made of them,
then that last remedy ; but never till then. " This last
passage Mr. Brown insisted upon : ' The taking of good books
from the people/ But as I have answered, there was no such
P [Sir John Lambe was his sue- ferred to by them, were Jewell's Reply
cessor.] to Harding, art. iii. div. 26, (Jewell's
i [Jewell and Fox were both quoted Works, p. 145. Lond. 1609;) and art.
by the Counsel for the Parishioners, xiii. div. 6, p. 362 ; and Fox's Acts
against the 'Innovation.' See Prynne's and Monuments, pp. 1211, 1212.
Cant. Doom, p. 87. The passages re- Edit. 1612.]
OF ARCHBISHOP LAUD. 227
thing done, or intended ; only a word spoken to make busy Die
men see how they abused themselves and the Church, by Undecimo-
misunderstanding and misapplying that which was written
for the good of both." Lastly, ' It was urged/ he said, 'that
the communion-table must stand altar-wise, that strangers
which come and look into these churches, might not see
such a disproportion : the holy-table standing one way in
the mother-church, and quite otherwise in the parochial
annexed/ And truly, to see this, could be no commendation
of the discipline of the Church of England. But howsoever,
Mr. Clarke (the other witness with Wyan, and agreeing with
him in the most) says plainly, that it was the L. of Arundelr
that spake this, not I ; and that he was seconded in it by the
L. Weston, then L. Treasurer s, not by me.
The last charge of this day was a passage out of one VIII.
Mr. Shelford' s book, pp. 20, 21, < That they must take the
reverend prelates for their examples1/ &c. And Mr. Pryn
witnessed, ' the like was in the Missal/ p. 256. Mr. Shelford
is a mere stranger to me ; his book I never read ; if he have
said anything unjust or untrue, let him answer for himself.
As for the like to that, which he says, being in the Missal,
though that be but a weak argument, yet let him solve it.
Here this day ending, I was put .off* to Saturday, June 1. Junii 1.
And then again put off to Thursday, June 6, which held. Junii 6.
r [Thomas Howard, Earl Marshall.] fathers, the prelates, and others, make
s [Richard Weston, created Baron their reverence to God on this wise,
Weston, and Earl of Portland. He both on their entry and return, &c."
was Lord High Treasurer from July — Five Pious and Learned Discourses,
15, 1628, to his death in 1634.] by Robert Shelford, of Ringsfield, in
* [" Let us learn of our mother Suffolk, Priest. Serm. i. ' On God's
Churches, for there our reverend House,' p. 20. Camb. 1635,]
228 HISTORY OF THE TROUBLES AND TRIAL
CAP. XXXIV. 329
MY TWELFTH DAY OF HEARING.
Thursday, THIS day Sergeant Wild, instead of beginning with a new
16441 6' charge, made another long reply to my answers of the former
Die Duo- (lay. Whether he found that his former reply made at the
time, was weak, and so reputed, I cannot tell. " But another
he made, as full of premeditated weakness, as the former was
of sudden. Mr. Pryn I think perceived it, and was often at
his ear ; but Mr. Sergeant was little less than angry, and
would on. I knew I was to make no answer to any reply,
and so took no notes : indeed, holding it all as it was, that
is, either nothing, (174) or nothing to the purpose. This
tedious reply ended —
I. Then came on the first charge about the window of coloured
glass set up in the new chapel at Westminster a. It was the
history of the coming down of the Holy Ghost upon the
Apostles. This was charged to be done by me, and at my
cost : the witnesses, Mr. Brown, employed in setting up the
window, and Mr. Sutton the glazier.
These men say, ' that Dr. Newell, Sub-dean of Westminster15,
gave order for the window and the setting of it up; but they
know not at whose cost, nor was any order given from me.5
So here 's nothing charged upon me. And if it were, I know
nothing amiss in the window. As for the King's arms being
taken down (as they say), let them answer that did it.
Though I believe, that the King's arms standing alone in a
a [This was Tothilfields Chapel, first Sermon in it (Newc. Repert, vol.
erected 1631-1636 ; Dr. George Dar- i. pp. 722, 923). The window referred
rell, one of the Prebendaries of "West- to was demolished by order of Parlia-
minster, having in the former of these ment (Prynne, Cant. Doom, p. 93).]
years left £400 for the purpose. It b [Robert Newell, Prebendary of
was first opened by order of the House the ninth stall, and Archdeacon of
of Commons, dated Dec. 9, 1642, and Buckingham. He was half brother of
by their further order of Dec. 18. Abp. Neile. He had died in 1643.
Dr. Gouge, of Blackfriars, preached the (Wood, P. 0. i. 289.)]
OF ARCHBISHOP LAUD. 229
white window, was not taken down out of any ill meaning, Die Duo-
but only out of necessity to make way for the history. deeimo.
The second charge was the picture of the B. Virgin set II.
upon a new-built door at S. Mary's in Oxford. Here Alder
man Nixon c says, ' that some passengers put off their hats,
and, as he supposes, to that picture/ But, my Lds., his
supposal is no proof. He says, ' that the next day he saw it.'
But what did he see ? Nothing, but the putting off the hat ;
for he could not see why, or to what ; unless they which put
off, told it. They might put off to some acquaintance that
passed by. He further says, ' he saw a man in that porch
upon his knees, and he thinks praying ; but he cannot say to
that.' But then (" if the malice he hath long borne me,
would have suffered him") he might have stayed till he knew
to whom he was praying, for till then it is no evidence. He
says, ' he thinks that I countenanced the setting of it up,
because it was done by Bp. Owend.' But Mr. Bromfeeld,
who did that work, gave testimony to the Lords, that I had
nothing to do in it. He says, ' there was an image set up at
Carfax Church, but pulled down again6 by Mr. Widdows f,
Vicar there/ But this hath no relation at all to me.
" This picture of the B. Virgin was twice mentioned before.
And Sir Nath. Brent could say nothing to it but hearsay.
And Mr. Corbet did not so much as hear of any abuse. And
now Alderman Nixon says, he saw hats put off ; but the wise
330 man knows not to what. Nor is there any show of proof
offered, that I had any hand or approbation in the setting of
it up. Or that ever any complaint was made to me of any
abuse to it, or dislike of it. And yet Mr. Brown, when he
gave the sum of the charge against me, insisted upon this
also, as some great fault of mine, which I cannot yet see."
In the next charge, Mr. Sergeant is gone back again to III.
White-Hall, as in the former to Oxford. The witnesses are
Mrs. Charnocks and her daughter. They say they went
c [See Nixon's testimony in volved him in controversy with Prynne,
Prynne's Cant. Doom, p. 72.] who had been his pupil at Oriel. He
d [See above, p. 220.] died in 164$ (Wood, Ath. Ox. iii. 179).
e [Prynne (Cant, Doom, p. 72) says See also Laud's History of Chancellor-
it was erected by Widdowes.] ship, Works, vol. v. p. 39, note '".]
f [Giles Widdowes, the author of « [Sec her testimony in Prynne'b
' The Schismatical Puritan,' which in- Cant, Doom, p. 69.]
230 HISTORY OF THE TROUBLES AND TRIAL
Die Duo- (being at court) into the chapel, and it seems a woman with
decimo. them, that was a Papist : and that < while they were there,
Dr. Brown h, one of the King's Chaplains, came in, bowed
toward the communion-table, and then at the altar kneeled
down to his prayers/ I do not know of any fault Dr. Brown
committed, either in doing reverence to God, or praying,
and there. And yet if he had committed any fault, I hope
I shall not answer for him. I was not then Dean of the
Chapel, nor did any ever complain to me. They say, ' that
two strangers came into the chapel at the same time, and
saw what Dr. Brown did, and said thereupon, that sure we
did not differ much, and should be of one religion shortly.
And that the woman which was with these witnesses, told
them they were Priests/ First, this can no way relate to me ;
for neither did these women complain to me of it, nor any
from them. Secondly, if these two men were Priests, and
did say as is testified ; are we ever a whit the nearer them
in religion ? Indeed, if all the difference between Rome and
us con(175)sisted in outward reverence, and no points of
doctrine, some argument might hence be drawn; but the
points of doctrine being so many and great, put stop enough
to that. Thirdly, if recusants, Priests especially, did so
speak, might it not be said in cunning, to discountenance all
external worship in the service of God, that so they may
have opportunity to make more proselytes? And 'tis no
small advantage, to my knowledge, which they have this way
made. " And this was the answer which I gave Mr. Brown,
when he charged this upon me in the House of Commons."
Here, before they went any further, Mr. Sergeant Wilde
told the Lords, that when Sir Nath. Brent was employed in
my visitation, ' he had instructions for particular churches,
of which some were tacit intimations, and some express1.' I
know not to what end this was spoken; for no coherent
charge followed upon it. But sure, he thinks Sir Nath.
Brent very skilful in me, that he can understand my tacit
h [Dr. Jonathan Brown, Dean of Herbert Croft, afterwards Bishop of
Hereford, Prebendary of Westminster, Hereford. (Wood, F. 0. i. 456 ; and
Rector of S. Faith's, London, and of Walker's Sufferings, p. 34.) ]
Hertingfordbury in Herts. He died ' [See this point urged in Prynne's
at the end of 1643, and was succeeded Cant. Doom, p. 89.]
in his Deanery by his son-in-law,
OF ARCHBISHOP LAUD. 231
intimations, and know to what particular church to apply Die Duo-
them. " And as I said no more at the bar, so neither did I decimo-
think to say any more after ; yet now I cannot but a little
bemoan myself. For ever since Mr. Maynard left off, who
pleaded, though strongly, yet fairly against me, I have been
in very ill condition between the other two. For from Mr.
Nicolas I had some sense, but extreme virulent and foul
language. Arid from Sergeant Wilde, language good enough
sometimes, but little or no sense. For let me answer what
I would, when he came to reply, he repeated the charge
again, as if I had made no answer at all. Or as if all that I
331 expressed never so plainly, had been but ' tacit intimations ;'
which I think he understood as much as Sir Nath. Brent 1."
In the fourth charge, he told the Lords he would not IV.
trouble them with repeating the evidence, but only put them
in mind of some things in the case of Ferdinando Adams, of
Ipswich k : of the men of Lewis suffering in the High-Com
mission111: of the parishioners of Beckingtori n, and some
others heard before; but would leave the Lords to their
memory and their notes. Yet read over the sentences given
in the High-Commission, and make a repetition of what
soever might but make a show to render me odious to the
people. " And this hath been their art all along, to run
over the same thing twice and again (as they did here in the
second charge about the picture of the B. Virgin) : to the
end, that as the auditors changed, the more of them might
hear it; and that which wrought not upon some, might upon
others. In all which I patiently referred myself to my
former answers, having no other way to help myself; in
regard they pretended that they renewed the same instances,
but not the same way ; but in one place, as against law ; and
in another, as against religion. But why then did they in
both places run over all circumstances appliable to both?
1 . And on they went, too, with the men of Lewis, where one
1 [The whole of this paragraph, ' Here, before . . . Brent.' on opposite page.]
k P. 131 [of original MS. See n P. 129 [of original MS. See
above, p. 130.] above, p. 124.]
m [SeePrynne'sCant.Doom,p. 101.]
232 HISTORY OP THE TROUBLES AND T1UAL
Die Duo- Mr. ParnlyeP (they /say) 'was censured cruelly in the High-
Commission, for not removing the communion-table/ The
business was but this. Sir Nath. Brent, and his own ordi
nary, Dr. Nevill q, ordered the remove of the table : He would
not. For this contumacy he was censured, but enjoined l
only to make his submission to Dr. Nevill. Which I think
was a sentence far from any barbarous cruelty, as 'tis called.
2. Another instance, and the next, was Mr. Burkct1'. He
says, ' he was censured also about removing the communion
table, and for that only/ But first, this was not simply for
removing the holy-table ; but it was for abetting the church
wardens to remove it back again from the place, where
lawful authority had set it. And secondly, whereas he says,
' he was censured for this only ; ' the very charge itself con
futes him. For there 'tis said, that this, about removing of
the communion-table, appears in the sixth article that was
against him. Therefore there were five other articles at least
more against him. And therefore not this only.
3. The third instance was in Mr. Chancye s : and he like
wise is said ( to have suffered very much only about railing in
of the communion-table/ But this is not so neither. For
he confesses that he spake reproachful words against authority,
and in contempt of his ordinary. That he said, the rails
were fit to be set up in his garden. That he came fifty miles
from his own church, on purpose to countenance this busi
ness. And all this he acknowledges upon his oath in his
submission. And yet nothing laid upon him but suspension,
and that no longer than till he submitted. And all this
the act of the High-Commission, not mine. ee And so I
answered Mr. Brown, who urged this against me also/' And
the truth of all this appears apud Acta ; though they were
1 ['enjoined' in margin.]
P [ Prynne calls him' John Premly.'] 8 [Charles Chancey, formerly Vicar
i [William Neville, D. C. L.," of of Ware, in Hertfordshire, at the time
Merton Coll. and Chancellor of Chi- of the offence complained of, Vicar of
Chester. (Wood, F. 0. i. 469.)] Marston St. Lawrence, in Northamp-
1 [Miles Burkett was Vicar of Pates- tonshire. See a detailed account of the
hull, in Northamptonshire. See some proceedings against him, his submis-
of the charges against him in Prynnc, sion, &c., in Prynne, Cant. Doom, pp.
Cant. Doom, p. 96.] 93— 96.J
OF AIICHBISHOP LAUD. 233
taken away, and kept ever since from my use, yet many Die Duo-
332 things done in that court have been charged against me. decimo-
And here stepped in a testimony of Mr. Genebrards *, that I
' threatened openly in the High-Commission to suspend Dr.
Merrick V And why might I not do it, if he will be over
bold with the proceeding of the whole court ? I have known
ere now, a very good lawyer committed from the Chancery
Bar to the Meet. Though I shall spare names.
(176) 4. The fourth instance was in Mr. Workman's case :
charged as if he were sentenced ' only for preaching a sermon
to the judges, against images in churches V 1. The first wit
ness in the cause was Mr. Langly y : he says, ' Mr. Workman
was censured for this sermon, and other things/ Therefore
not for this sermon only : the High-Commissioners were 110
such patrons of images. He says, ( that when I was Dean of
Gloucester, I told them in the chapel, that K. James had
heard of many things amiss in that church, and required
me to take care of them/ 'Tis true, he did so. He says
further, { that hereupon I placed the communion-table altar-
wise, and commanded due reverence at the coming into the
church2.' This I did, and I have given my reason often
t [ Prynne gives the name Gelli- place[d] altarwise at the upper ende of
brand. He is a different person from the quier, close unt[o the east] walle,
Gellibrand the writer of the almanack upon the uppermost greases or steppes,
mentioned below. There were several An[d also] as it is used in the King's
persons of that name who were book- Maties Chapell, and in a[ll] or the
sellers at this time.] moste pte of the Cathedral! Churches
u [See vol. iii. p. 450, note c.] of th[is] realme.
* [See John Workman's case stated „ wmiam Laud Deane
G'S PP' Thoi*as P*or' Su*d-
[John Langley was admitted Mas- EHas' Wrenehe "
ter of the Cathedral School, March
161|-, as appears by the Acts of the (The other Prebendaries at this time
Chapter of Gloucester. In 1640 he were Laurence Bridger, William Loe,
was elected Master of S. Paul's School and Thomas Anyan, of whom Loe and
in the room of Alexander Gill, men- Anyan had dispensations of absence.)
tioncd above, p. 80, note f.] On the 17th of Jan. an order was
z [The following is the entry in the made and signed by Laud and the
Act Book of Gloucester Chapter : — same three Prebendaries for the repair
" Acta, habita, et facta vicesimo of the fabric.
qui[nto] die Januarii Anno Dom. 1616 There is also in the same Act Book
[1617] . . . Quibus die et anno venera- an order for the restoration of the
bilis vir Decanus antedictus sacra- early prayers in the Lady Chapel,
mentum prsestitit corporale. . . . signed by Laud, Wrench, and Prior,
" Eodem die post susceptum Jura- March 9, 1617; and on the 13th day
mentum, It was by Mr. Deane and the of the same month a letter addressed
Chapter aforesaid ordered and decreed, by the same three persons to the
that the communion table should be gentry of the county, requesting their
234 HISTORY OF THE TROUBLES AND TRIAL
Die Duo- already for it, out of the Injunctions of Queen Elizabeth.
decimo. He say^ , ^^ ^s^o^ Smith a took offence at this, and would
come no more to the cathedral/ First, my Lords, this
gentleman was then schoolmaster there, and had free' access
unto me: he never discovered this. Secondly, the Bishop
himself never said a word to me about it : if he had, I would
either have satisfied his Lp. in that, or anything else that I
did : or if he had satisfied me, I would have forborne it : he
says, ( that Mr. Workman, after he was put from his lecture,
was not suffered to teach children/ First, if he had been
suffered, this man had been like to make the first complaint
for decay of his own school. But secondly, the commission
thought it no way fit to trust him with the education of
children, who had been factious among men. Especially not
in that place, where he had so showed himself. " And this
answer I gave to Mr. Brown, who in summing the evidence
stood as much, and inveighed as earnestly against this cruel
proceeding with Mr. Workman, as upon any one thing in
the charge. At which time he added also, ' that he would
not be suffered to practise physic to get his living. But
first, no witness evidenceth this, that he was denied to
practise physic. And secondly, he might have taught a
school, or practised physic anywhere else. But he had done
so much harm, and made such a faction in Gloucester, as
that the High-Commission thought it not fit to continue him
there ; and he was not willing to go from thence, where he had
made his party l." He says further, ' that some few of the
citizens of Gloucester were called into the High-Commission,
for an annuity of twenty pound a year allowed Mr. Work
man, out of the town stock.' For the thing itself, it was a
gross abuse and scorn put upon that court ; that when they
had censured a schismatical lecturer (for such he was there
1 ['And this . . . party.' on opposite page.]
aid and assistance towards the erection tracts to the Kev. Herbert Haines,
of a new organ. M. A., Second Master of the Gloucester
There is a further order on the 20th Cathedral School.]
of the following October, relating to a [Miles Smith ; Bp. of Gloucester,
the repairs of the church, and direct- 1612 — 1624. He took an active part
ing that the fees for burial should be as one of the translators of the Bible,
applied to that purpose. and wrote the Preface which is pre-
The Editor is indebted for these ex- fixed to it. (Wood, Ath. Ox. ii. 350.)]
OF ARCHBISHOP LAUD. 235
proved) the townsmen should make him an allowance of Die Duo-
twenty pound a year. A thing (as I humbly conceive) not fit decimo-
to be endured in any settled * government. And whereas cla
mour is made, that some few of the citizens were called to an
account for it, that's as strange on the other side. For where
there are many offenders, the noise would be too great to
333 call all. And yet here 's noise enough made for calling a
few. Here it was replied by Mr. Maynard, ' that this was
done by that corporation, and yet a few singled out to
answer ; and that therefore I might be singled out to answer
for things done in the High-Commission/ " But, under
favour, this learned and worthy gentleman is mistaken. For
here the mayor and magistrates of Gloucester did that which
was no way warrantable by their charter, in which case they
may be accountable, all or some : but in the High-Commission
we meddled with no cause not cognoscible there ; or if by
misinformation we did, we were sure of a prohibition to stop
us. And meddling with nothing but things proper to them,
I conceive still, no one man can be singled out to suffer for
that which was done by all. And this may serve to answer
Mr. Brown also, who in his last reply upon me, when I
might not answer, made use of it."
2. The second witness was Mr. Purye of Gloucester b. He
says, ' that Mr. Brewster and Mr. Guies c the town-clerk,
were called to the Council-table about this annuity, and that
I desired it might be further examined at the High-Commis
sion. If this were true, I know no offence in it, to desire that
such an affront to Government might be more thoroughly
examined than the Lds. had leisure to do. But the witness
doth not give this in evidence. For he says no more, than
' that he heard so from Mr, Brewster/ And this hearsay is
no conviction. He says further, ' that the High-Commission
called upon this business of the annuity, as informed that the
twenty pound given to Mr. Workman, was taken out of the
monies for the poor/ And this I must still think was a good
i [< settled ' inserted afterwards.]
b [Alderman Thomas Fury, M. P. c [Prynne calls them ' Buckston'
for Gloucester in the Long Parlia- and ' Wise ;' but in the list of errata
ment.J corrects the latter name to ' Guise.']
236 HISTORY OF THE TROUBLES AND TRIAL
Die Duo- and a sufficient ground, justly to call them in question. He
says also, ' that these men were fined,, because that which
they did was against authority/ So by their own witness it
appears, that they were not fined simply for allowing means
to Mr. Workman, but for doing it in opposition to authority.
Lastly, he says, ' they were (177) fined ten pound apiece, and
that presently taken off again/ So here was no such great per
secution as is made in the cause. And for the cancelling of
this deed of the annuity, it was done by themselves, as Mr.
Langlye witnesses ] .
After these two witnesses heard, the sentence of the High-
Commission Court was read, which I could not have come at,
had not they produced it. And by that it appeared evidently,
that Mr. Workman was censured, as well for other things as
for his sermon about images in churches. As first, he said,
e so many paces in dancing were so many to hell/ This was
hard, if he meant the measures in the inns of court at
Christmas ; and he excepted none 2. Then he said, and was
no way able to prove it, ' that drunkards, so they were con
formable, were preferred/ Which was a great and a notorious
slander upon the governors of the Church, and upon orderly
and conformable men. Then he said, ( that election of
ministers was in the people/ And this is directly against
the laws of England, in the right of all patrons. Then con
stantly in his prayer before his sermon, ' he prayed for the
States d and the King of Sweden, before his Majesty,' which
was the garb of that time, among that party of men. Then,
' that one of his common themes of preaching to the people,
was against the Government of the Church/ And then, ' that
images in churches were no better than stews in the Com- 334
monwealth/ which at the best is a very unsavoury comparison.
But here it was replied, ' that images were idols, and so
called in the Homilies e, and that therefore the comparison
might hold/ Yea, but in the second homily, Against the
Peril of Idolatry, images or pictures in glass or hangings are
expressly and truly said not to be idols till they be worshipped f.
1 ['And for ... witnesses.' on opposite page.]
2 [' and he excepted none.' in margin.]
d [Of Holland.] p. iii. p. 92. [p. 187. Oxf. 1814.]
e Horn, against the Peril of Idola. f .[P. 164.]
OF ARCHBISHOP LAUD. 237
And therefore Mr. Workman should not have compared their Die Duo-
setting up to stews, till he could have proved them worshipped. decimo-
And in all this, were the act good or bad in the censuring of
him, it was the act of the High- Commission, not mine.
After this followed the fifth charge, which was Mr. Sher- V.
feild's case, his sentence in the Star-chamber for defacing of
a church -window in or near Salisbury g. The witnesses pro
duced were two. 1. The first was Mr. Carill11. He said that
Mr. Sherfeild defaced this window, because there was an
image in it, conceived to be the picture of God the Father.
But first, this comes not home. For many a picture may be
conceived to be of God the Father, which yet is not, nor was
ever made for it. And then suppose it were so, yet Mr.
Sherfeild in a settled government of a State ought not to
have done it, but by command of authority. He says, that
in my speech there in the court, I justified the having of the
picture of God the Father, as he remembers, out of Dan.
vii. 2.2 l. This ' as he remembers' came well in. For I never
justified the making or having that picture. ts For Calvin's
rule, 'that we may picture that which may be seen*/ is
grounded upon the negative, that no picture may be made of
that which was never, never can be seen. And to ground
this negative, is the command given by Moses, Deut. iv. j
' Take good heed to yourselves/ For what ? That you make
not to yourselves this picture. Why ? ' For that you saw no
manner of similitude, in the day that the Lord spake unto
you out of the midst of the fire.' Out of the midst of the
fire, and yet He still reserved himself in ' thick darkness/
Exod. xx.k So no picture of Him, because no similitude ever
seen. And this rule having ever possessed me wholly, I
could not justify the having of it. I said indeed, that some
men in later superstitious times, were so foolish as to picture
1 ['out of Dan vii. 22.' in margin.]
e [See above, p. 169, note b, and and was appointed by the Parliament
Prynne's Cant. Doom, pp. 102, 103. to attend the King at the scaffold. A
The passages of the speech here re- list of his works are given by Wood
ferred to may be compared with the (Ath. Ox. iii. 979—983).]
speech itself in vol. vi.] » Calv. 1. Instit. c. 11, § 12. [Op.,
h [Joseph Caryll, preacher at Lin- torn. ix. p. 22.]
coin's Inn. He was one of the chap- J Deut. iv. 15, 16.
lains to the commissioners who visited k Exod. xx. 21.
the King at Holdenby and Newport,
238 HISTORY OF THE TROUBLES AND TRIAL
Die Duo- God the Father, by occasion of that place in Daniel ; but for
mo* myself I ever rejected it. Nor can that place bear any show
of it. For Daniel says there, ' that the Ancient of days came/
But in what shape or similitude He came, no man living can
tell. And He is called ' the Ancient of days' from His eternity,
not as if He appeared like an old man. The text hath no
warrant at all for that.
2. Yet the second witness, Mr. Tomlyns1, says also, 'that
I did justify this picture/ " God forgive him the malice or
ignorance of this oath, be it which it will." He might have
been as wary as Mr. Caril, and added ' as he remembers ; '
for so many years since, as this hearing was, he may easily
mistake. But if I did say any such thing, why are not my
own papers here produced against me ? I had that written
which I then spake, and the paper was in my study with the
rest, and came (for aught I know) into their hands which
follow the charge against me. I ask again, why is not this
paper produced? Out of all doubt it would, had there
appeared any such thing in it \ He says also, ' that I said
then, that if the idol of Jupiter were set up, yet it were not 335
lawful to pull it down in a popular tu(178)mult, but by order
and authority/ I did say so, or to that effect, indeed: and
must say it still. For I find in St. Aug. almost the very
words m. And Bishop Davenant n, a man very learned, cites
this place of St. Aug. and approves it. And they both prove
this doctrine from Deut. xii.° Where the command given
for destroying of the idols, when they came into the land of
Canaan, was not left at large to the people, but settled in
Moses the chief magistrate, and his power. And according
to this rule, the temple of ^Esculapius, though then grown
very scandalous, was not pulled down but by Constantino's
command P. Which place I then showed the Lords. But
1 [< But if ... in it.' on opposite page.]
1 [A barrister of the Temple.] (al. de Verb. Dom. vi.) § 17. Op., t. v.
m [" Cum acceperitis potestatem, hoc col. 520. C. D.]
facite. Ubi nobis non est data po- n [Exposit. Epist. D. Pauli ad Co-
testas, non facimus ; ubi data est, non loss. cap. iv. ver. 5. p. 490. Cant,
prsetermittimus. Multi pagan i habent 1627.]
istas abominationes in fundis suis ; ° Deut. vii. 5, and xii. 2.
numquid accedimus, et confrangimus ? p Euseb. [lib.] iii. de Vita Constan.
Prius enim agimus, ut idola in eorum c. 54, [cap. 56. pp. 611,612. Cant,
corde frangamus."— S. Aug.Serm. Ixii. 1720.]
OF ARCHBISHOP LAUD. 239
this witness added, ' that Mr. Sherfeild had authority to do Die Duo-
this from the vestry. If he had, that 's as good as none ; for e
by the laws of England there is yet no power given them for
that or anything else. And all that vestries do, is by usurpa
tion or consent of the parish, but reaches not this1. The
Bishop of the diocese had been fitter to be consulted herein,
than the vestry.
Here, as if these witnesses had not said enough, Mr.
Nicolas offered himself to be a witness. And told the Lords
he was present at the hearing of this cause, ' and that four
witnesses came in clear, that the picture broken down, was
the picture of God the Father, and that yet the sentence of
the court passed against Mr. Sherfeild/ First, if this be so,
it concludes against the sentence given in the Star-chamber,
not against me ; and he calls it here ( the sentence of the
court.' Secondly, be it, that it were undoubtedly the picture
of God the Father ; yet he ought to have taken authority
along with him, and not to go about it with violence, which
he did, and fell and brake his leg in the business 2. Thirdly,
by his own description of the picture, it seems to me to be
some old fabulous picture out of a legend, and not one of
God the Father : for he then told the Lords, ' it was a pic
ture of an old man with a budget by his side, out of which
he was plucking Adam and Eve ; ' and I believe no man ever
saw God the Father so pictured anywhere. " Lastly, let me
observe how Mr. Nicolas takes all parts upon him wherein he
may hope to do me mischief."
The sixth charge was concerning a Bible, that was printed VI.
with pictures, and sold. The witness Mr. Walsal ^ a stationer.
Who says, ' that this Bible was licensed by Dr. Weeks r / my
Ld. of London's Chaplain, not mine ; so thus far it concerns
not me. " Yes, says Mr. Brown in his last reply : ' For it
appears in a list of my chaplains under my own hand, that
Dr. Weeks was one. ' 'Tis true, when I was Bp. of Bath and
1 [' or consent . . . this.' in margin.]
2 [' which he ... business.' in margin.]
i [Walley, the clerk of Stationer's Rector of Banwell, March 4, 16£§, and
Hall. (Prynne, Cant. Doom, p. 109.)] afterwards Dean of S. Buryanin Corn-
r [John Weekes was installed Pre- wall (Wood, F. 0. ii. 68). Prynne
bendary of the third stall in Bristol states that these pictures were licensed
Cathedral, March 3, 1633, (Le Neve,) not by Weekes, but by Dr. Bray.]
240 HISTORY OP THE TROUBLES AND TRIAL
Die Duo- Wells he was mine ; but my Ld. of London had him from
me, so soon as ever he was Bishop. And was his, not mine,
when he licensed that book. And Mr. Brown knew that I
answered it thus to the Lords." He says, ' that I gave him
direction that they should not be sold openly upon the stalls,
but only to discreet men that knew how to use them/ The case
was this. As I was at prayers in the King's chapel, I there
saw one of them in Mrs. Kirk's hand. She was far enough
from any affection to Rome. And this being the first know
ledge I had of it, many were vented and sold before I could
prevent it. Upon this I sent for one (whether to this witness
or another I cannot say), and acquainted the Lords of the
Council with it, and craved their direction what should be 336
done. It was there ordered, that I should forbid the open
sale of them upon their stalls, but not otherwise to learned
and discreet men. And when I would have had this order
stricter, no man stuck to me but Mr. Secretary Cook. So
according to this order I gave direction to Mr. Walsal, as he
witnesses.
Here Mr. Maynard replied, that I ought to have withstood
this order, in regard it was every way faulty. For, said he,
' either these pictures were good, or bad. And if they were
good, why should they not be sold openly upon the stalls to
all that would buy ? And if they were bad, why should they
be sold privately to any ?' "To this reply I was not suffered
to answer : but when I heard Mr. Brown charge this Bible
with pictures against me, then I answered the thing as before,
and took occasion thereby to answer this dilemma thus.
Namely, that this kind of argument concludes not, but in
things necessary, and where no medium can be given. For
where a medium can be given, the horns of this argument
are too weak to hurt. And so -'tis here. For pictures in
themselves are things indifferent; not simply good, nor
simply bad, but as they are used. And therefore they were
not to be sold to all comers, because they may be abused,
and become evil ; and yet might be sold to learned and dis
creet men, who might turn them to good. And that images
are things indifferent of themselves, is granted in the homilies
which are against the very Peril of Idolatry8." He said,
* Horn, par.i. p. 11. [p. 155.]
OF ARCHBISHOP LA.UD. 241
< there was some inconvenient pictures among them ; as the Die Duo-
Assumption, and the Dove/ Be it so, the book was not decimo-
licensed by me or mine. And yet, as I then showed the
Lords, they were not so strict at Amsterdam against these
pictures. For the book which Mr. Walsal showed me, was
printed and sent thence, before it was printed here. Besides,
our old English Bibles in the beginning of the Queen were
full of pictures ; and no fault found. As for that which is
added at the bar, ' that one of these Bibles was found in
Secretary Windebank's trunk, and another in Sir Jo. Lamb's ;'
that 's nothing to me.
The last charge of this day was, ' that something about
images was expunged out of Dr. Featly's l sermons, by my
chaplain, Dr. Bray, before they could be suffered to be
printed V But first, he himself confesses, that I told him he
might print them, so nothing were in them contrary to the
doctrine and discipline of the Church of England. Secondly,
he confesses, that when Dr. Bray made stay of them, he
never complained to me ; and I cannot remedy that which I
do not know. Thirdly, he confesses, that all the time he
was in Lambeth-House, my predecessor ever left that care of
the press upon his chaplains ; and why I might not do it as
well as my predecessor, I do not yet know. But he said,
' that he complained to Sir Edmund Scott, and desired to be
advised by him what he should do : and that he answered,
he thought I would not meddle with that troublesome busi
ness, more than my predecessors had done.' " Be this so,
yet Sir Ed. Scott never told me this ; nor is there any the
least proof offered that he did. But because this and the like
passages about expunging some things out of books, makes
such a great noise, as if nothing concerning popery might be
printed : and because Mr. Brown in summing up of the
charge in the House of Commons, warmly insisted upon this
337 particular, I thought it necessary to answer as follows. That
what moved my chaplain to expunge that large passage
against images, I knew not ; nor could I now know, my
1 ['Dr. Featly's' in margin; originally 'his']
' [The passage said to have been 788, is given by Prynnc, Cant. Doom,
erased from Dr. Featley's Sermons, p. pp. 108, 109.]
LAUP. — VOL. IV.
242 HISTORY or THE TROUBLES AND TRIAL
Die Duo- chaplain being dead u. But that this I was sure of, that else-
decimo. w]iere in those very sermons, there was as plain a passage,
and full against images, left inx. And in another place a
whole leaf together, spent to prove them idolaters >T; and
that as gross as the Baalists, and so he terms them. Yea,
and that the Pope is Antichrist too z, and not only called so,
but proved by divers arguments. And not so only, but in
plain terms, that he is the whore of Babylon a. And these
passages I then read out of the book itself in the House of
Commons. And many other like to these there are. So my
chaplain might see good cause to leave out some passages.
Where so many upon as good cause were left in."
But to the business of leaving the care of these books, and
the overview of them, to my chaplains, it was then urged,
' That the commissary of John Ld. Archbp. of York, had
excommunicated the Ld. Bp. of Durham, being then in the
King's service. And that the Archbp. himself wras deeply
fined for this act of his commissary b. And that therefore I
ought much more to be answerable for my chaplain's act,
whom I might put away when I would, than he for his com
missary, who had a patent, and could not be put out at
pleasure0.' Mr. Brown also followed this precedent close
upon me. But first, there is a great deal of difference in the
thing itself : my chaplain' s case being but the leaving out of
a passage in a book to be printed : but his commissary's
case being the excommunicating of a great bishop, and he in
the King's service, of whose honour the laws of this realm
are very tender. And secondly, the Bp. and his official
(call him chancellor or commissary, or what you will) make
but one person in law ; and therefore the act of the com
missary to the full extent of his patent, is the act of the
Bishop in legal construction, and the Bishop may be answer-
u [Dr. Bray had died early in this revocable at the pleasure of the Bishop.
year.] H. W.
* Dr. Featly's Sermons, [Clavis c [This case is mentioned by Prynne
Mystica,] p. 477. [See also, pp. 787, (Cant. Doom, p. 517). The circum-
788. Lond. 1636.] stance took place in 21 Edw. I. 1292,
-v [Senn. Ivii.] p. 791. 1293. The Abp. of York at that time
z [Serm. lx.] p. 808. was John Romain, and the Bp. of
a [Ibid.] p. 810. Durham, Anthony Beck. The Bishop
' This was done long before the of Durham's servants, not himself,
Reformation; when the patents of were excommunicated.]
Chancellors and Commissaries were
OF ARCHBISHOP LAUD. 243
able for it. But the Bp. and his chaplain are not one person Die Duo-
in any construction of law. " And say he may put away his decimo>
chaplain when he will, yet that cannot help what is past, if
aught have been done amiss by him. And this was the
answer I insisted on to Mr. Brown V
Upon my entrance on this day's defence, I found myself
aggrieved at the Diurnal, and another pamphlet of the week,
wherein they print whatsoever is charged against me, as if it
were fully proved; never so much as mentioning what, or
how I answered. And that it troubled me the more, because
(as I conceived) the passages as there expressed, trenched
deep upon the justice and proceedings of that honourable
House. And could have no aim but to incense the multitude
against me. With some difficulty I got these pamphlets re
ceived, but there they died, and the weekly abuse of me
continued to keep my patience in breath.
1 [The whole of this paragraph is written on an inserted slip of paper.]
li 2
244
HISTORY OF THE TROUBLES AND TRIAL
CAP. XXXV.
338
THE THIRTEENTH DAY OF MY HEARING.
I. THE first charge of this day, was the opinion which was
Junii 11, held of me beyond the seas. The first witness was Sir
Whitsun- Henry Mildmaye, who (as is before related) a told me with-
Tuesday. out asking, that (180) I was the most hateful man at Rome,
mo-tertio. that ever sate in my see since the Reformation. Now he
denied not this, " but being helped on by good preparation,
a flexible conscience, and a fair leading interrogatory by Mr.
Nicolas," (Mr. Sergeant Wilde was sick, and came no more
till the last day when I made my recapitulation J) he minced
it. And now he says, that ' there were two factions at Rome,
and that one of them did indeed speak very ill of me, because
they thought I aimed at too great a power here in England ;
but the other faction spake as well of me, because they
thought I endeavoured to bring us in England nearer to the
Church of Rome/ But first, my Lords, this gentleman's
words to me were round and general : ' That I was hated at
Rome; not of a party, or faction there.' And my servants
heard him at the same time, and are here ready to witness it,
' that he then said the Pope was a goodly gentleman, and did
use to ride two or three great horses in a morning, and, but
that he was something taller, he was as like Auditor Philips
(who was then at dinner with me) as could be/ But I pray
mark what wise men he makes them at Rome : one faction
hates me, because I aim at too much power : and the other
loves me, because I would draw England nearer Rome ; why,
if I went about to draw England nearer Rome, can any
among them be such fools as to think my power too great?
For if I used my power for them, why should any there
1 [' Mr. Sergeant . . . recapitulation, ' in margin.]
a [See above, p. 207. Sir Henry
Mildmay's evidence is given by
Prynne, Cant. Doom, pp. 412, 413.]
OP ARCHBISHOP LAUD. 245
condemn me ? And if I used it against them, why should Die Deei-
any here accuse me 1 ? " Non sunt JKEC bene divisa tempo- mo"ter 10*
ribusb. These things suit not with the times, or the dis
positions of Rome : but the plain truth is, I do not think
that ever he was at Rome ; I after heard a whisper, that he
only stepped into France for another cure, not to Rome for
curiosity, which was the only cause he gave the Lords of his
going thither."
2. The second witness was Mr. Challoner c. He says not
much of his own knowledge, but of fame, that tattling gossip ;
yet he told the Lords, ' I was a very obscure man, till within
these fifteen years/ Be it so, if he please. Yet I have been
a Bishop above three and twenty years d : and 'tis eighteen
years since I was first Dean of his Majesty's Chapel Royal6.
He says, ' that after this time there was a strong opinion of
reconciliation to Rome/ A strong opinion, but a weak proof.
For it was an opinion of enemies, and such as could easily
believe, what they overmuch desired. He further said, 'that
some of them were of opinion, that I was a good Roman
Catholic, and that I wrought cunningly to introduce that
339 religion by inches : and that they prayed for me/ First, my
Lords, the opinion of enemies is no proof at all, that I am
such as they think me. And secondly, this is a notable, and
no unusual piece of cunning, for an enemy to destroy by
commending. For this was the ready way, and I doubt not
but it hath been practised, to raise a jealousy against me at
home, thereby either to work the ruin of my person, or
utterly to weaken and disable me from doing harm to them,
or good for the Church of England. Besides, if the com
mendation of enemies may in this kind go for proof; it shall
be in the power of two or three practising Jesuits, to destroy
any bishop or other churchman of England when they please.
At last, ' he told a story of one father John, a Benedictine ;
that he asked him how church-livings were disposed in
1 [' For if ... accuse me]' in margin.]
» [Ter. Andr. iii. 1. 18.] p. 136.1)]
c [See his evidence in Prynne's e [He was appointed Oct. 3, 1626,
Cant. Doom, pp. 414, 415.] on the death of Bp. Andrewes. (Works,
d [He was appointed Bp. of St. Da- vol. iii. p. 196.)]
vid's June 29, 1621. (Works, vol. iii.
246 HISTORY OF THE TROUBLES AND TRIAL
Die Deci- England, and whether I had not the disposing of those which
tio. were in the King's gift. And concluded, that he was not out
of hope to see England reduced to Rome/ Why, my Lords,
this is not Father John's hope alone : for there is no Roman
Catholic f but hath some hope alive in him to see this day.
And were it not for that hope, there would not have been so
many, some desperate, all dangerous practices upon this
kingdom to effect it, both in Queen Elizabeth's time, and
since. But if this, I know not what, Father John hope so,
what is that to me ?
3. The third witness was Mr. Anthony Mildmaye %. A man
not thought on for a witness, till I called for his brother Sir
Henry. But now he comes laden with his brother's language.
He says just as Sir Henry did before, ' that there were two
factions in Rome, the Jesuits, and they abhorred me; but
the other, the secular priests, they wished me well, as he was
informed/ First, this is so one and the same testimony,
that any man that will may see, that either he informed his
brother, or his brother (181) him. Secondly, here's nothing
affirmed ; for it is but ' as he was informed/ And he doth
not tell you by whom. It may be, my Lords, it was by his
brother. Then he says, ' this was to make myself great/ and
tells a tale of Father Fitton h, as much to the purpose as that
which Mr. Challoner told of Father John. But whatsoever
either of these fathers said, it was but their own opinion of
me, or hearsay ; neither of which can prove me guilty of any
thing. " Thus much Mr. Anthony made a shift to say by
five of the clock at afternoon, when I came to make my
answer. And this (as I have sufficient cause to think) only
to help to shore up his brother's testimony. But in the
morning, when he should have come, as his brother did, he
was by nine in the morning so drunk, that he was not able
to come to the bar, nor to speak common sense, had he been
brought thither. Nobile par fratrum i."
II. The second charge was the ( consecration of two churches
£ The Archbishop calls the English s [See his evidence in Prynne's
Papists ' Roman Catholics,' not as al- Cant. Doom, p. 413.]
lowing them to be such ; but referring h [Agent for the secular priests at
to that name which some of them were Rome.]
before said to have affixed to him.— ! [Hor. Sat. ii. 3. 243.]
H. W.
OF AllCHBISHOP LAUD. 247
in London :' St. Catherine Cree church k, and St. Giles in the Die Deci-
Fields. The witnesses two.
1. The first witness was one Mr. Willingham. And he
says, ' that I came to these churches in a pompous manner :'
but all the pomp that he mentions is, that Sir Henry Martin,
Dr. Duck, and some other of the Arches attended me, as they
340 usually do their Diocesans in such solemnities. He says,
' he did curiously observe what was done, thinking it would
one day be called to account, as now it is.' So this man
(himself being judge) looked upon that work with a malevolent
eye, and God preserve him from being a malicious witness.
He says, that at my approach to the church door, was read,
' Lift up your heads, O ye gates, and be ye lift up, ye ever
lasting doors, and the King of Glory shall come in V Psal.
xxiv. And this was urged over and over as a jeer upon my
person. But this place of Scripture hath been anciently
used in consecrations. And it relates not to the Bp., but to
God Almighty, the true King of Glory, who at the dedication
enters by His servant to take possession of the house, then to
be made^His. He says, ' that I kneeled down at my coming
in, and after used many bowings and cringings.' For my
kneeling down at my entrance, to begin with prayer, and
after to proceed with reverence, I did but my duty in that,
let him scoffingly call it ' cringing,' or ' ducking/ or what
he please.
He says further, ' that at the beginning I took up dust,
and threw it in the air, and after used divers curses/ And
here Mr. Pryn put Mr. Nicolas in mind to add, ' that spar (/ere
cinerem is in the form of consecration used in the Pontifical.'
" And Mr. Brown, in his summary account of my charge,
laid the very consecration of these churches as a crime upon
me ; and insisted on this particular." But here my answer
to all was the same : that this witness had need look well to
his oath ; for there was no throwing up of dust, no curses
used throughout the whole action: nor did I follow the
' Pontifical,' but a copy of learned and reverend Bp. Andrews m,
by which he consecrated divers churches in his time : and
that this is so, I have the copy by me to witness, and offered
k [See Prynne's burlesque account 1 Psal. xxiv. 7.
of this consecration, Cant. Doom, pp. m [See Bp. Andrewes' Miscellaneous
113 seq.] Works, pp. 307 seq.]
248 HISTOKY OF THE TROUBLES AND TRIAL
Die Deci- them to show it. Nor can this howsoever savour any way of
t10' treason. " No, said Mr. Brown, ' but the treason is, to seek,
by these ceremonies, to overthrow the religion established/
Nor was that ever sought by me : and God of His mercy
preserve the true Protestant religion amongst us, till the
consecration of churches, and reverence in the church, can
overthrow it ; and then I doubt not, but by God's blessing,
it shall continue safe to the world's end."
He says also, ' that I did pronounce the place holy.' I did
so : and that was in the solemn act itself of the consecration,
according to the usual form in that behalf. And no man will
deny, but that there ' is a derivative and a relative holiness n>
in places, as well as in vessels, and other things dedicated to
the honour and service of God. Nor is anything more com
mon in the Old Testament ; and 'tis express in the New both
for place and things °. 1 Cor. ix.
Then it was urged at the bar, ' that a prayer which I used,
was like one that is in the Pontifical/ So in the Missal are
many prayers like to the Collects used in our English Liturgy,
so like, that some are the very same, translated only into
English ; and yet these confirmed by law. And for that of
Psal. xcv. Venite (182) procidamus P, &c., then also excepted
against ', that hath been Fof very ancient use in the Liturgies
of the Church. From which, rejecimus paleam, numquid et
(jrana ? ' we have separated the chaff, shall we cast away the
corn too ?' If it come to that, let us take heed we fall not
upon the devil's winnowing, who labours to beat down the
corn ; 'tis not the chaff that troubles him**, S. Luc. xxii. Then 341
they urged my predecessor, Archbp. Parker r, ' that he found
fault with the consecration of new churches/ I answered
then upon memory, that he did not find fault simply with
consecrations of churches, but only with the superstitious
ceremonies used therein. " And this since, upon perusal of
1 [' then also excepted against/ in margin.]
" " Objectiva et adhserens." Jo. Pri- holiness, adherent to it.']
deaux, Concio, in S. Luc. xix. 46. ° 1 Cor. ix. 13.
[This sermon was preached at the P Psal. xcv. 6.
consecration of Exeter College chapel. i S, Luc. xxii. 31.
It was first printed in 1625, and re- r In Antiq. Britannicis, p. 85. [This
printed in his "Twenty Sermons." passage is given in full by Wharton
Oxon. 1636. Prideaux's words (p. 24 in the Appendix.]
of this latter Edition) are, ' objective
01? ARCHBISHOP LAUD. 249
the place, I find to be true. For after he had in some sort Die Deci-
commended the popes for taking away some gross and super- mo"te
stitious purgations, he adds,, that yet for want of piety, or
prudence, their later Pontifical and Missal-books did outgo
the ancient in multitudine ceremoniarum, et peragendi difficul-
tate, et tcedio, et exorcisationis amentia. So these were the
things he found fault with, not the consecration itself; which
he could not well do, himself being then a consecrated bishop."
2. The second witness was Mr. Hope. He says, 'that he
agrees with the former witness, and saw all, and the throwing
up of the dust,' &c. Since he agrees with the former witness,
I give him the same answer. Yet with this observation upon
him and his oath. The former witness says that ' at the
beginning of this action ' I took dust and threw it up : this
man agrees with him, and saw all ; and almost in the very
next words confesses, ' he was not there at the beginning/
Not there : yet he saw it. My Lords, if you mark it, this is
a wholesome oath. He says, ' that then the churchyard was
consecrated by itself/ It was ever so; the one act must
follow the other, though both done the same day : for the
places being different, the act could not pass upon them at
the same time. Then he said, ' there were fees required, and
a good eye had to the money/ This is a poor objection
against me : if the officers did exact any money without rule,
or beyond precedent, let them answer for it. But for that
which was said to belong to me, I presently gave it to the
poor of the parish. And this Mr. Dell, my secretary, then
present, attested to the Lords. Lastly, he said, ' they were
not new churches/ Let him look to his oath again; for 'tis
notoriously known, they were both new-built from the ground ;
and St. Giles not wholly upon the old foundation.
The third charge was laid on me only by Mr. Nicolas, and III.
without any witness. It was, ' that I outwent Popery itself;
for the Papists consecrated churches only, but I had been so
ceremonious that I had consecrated chapels too s/ My Lords,
the use of chapels and of churches in regard of God's service
is the same. Therefore, if consecration be fit for the one, it
• Here in England, both before and time preceding, many of the time
since the Reformation, chapels newly succeeding the Reformation. — H. W.
erected were always solemnly conse- [Dulwich College Chapel, e.g. by Abp.
crated, as well as churches. I could Abbot. See Wilkins' Cone. torn. iv.
produce innumerable instances of the pp. 555 scq.J
250 HISTORY OF THE TROUBLES AND TRIAL
Die Deci- must needs be for the other. And the consecrations of
t10' chapels was long before Popery came into the world. For
even oratories newly built were consecrated in or before
Eusebius his time*. And he nourished about the year of
Christ 310. So ancient they are in the course of Christianity;
and for any prohibition of them, there is neither law nor
canon in the State or Church of England that doth it.
The chapels they instance in are three. 1. First, they
say, 'I consecrated a chapel of the Eight Honourable the
Ld. Treasurer Weston's V I did so, and did no harm therein.
As for the touch given by the way upon that honourable 342
person, he is gone to Godx, I have nothing to do with it.
2. Secondly, they instanced ' in a chapel of Sir John
Worstenhanr's building y/ 'Tis true I consecrated that too \
but that was a parish church, built in the place where he
was born, and it was in my diocese, and so the work proper
for me. 3. The third instance was in my own chapel, in my
house at Aberguilly z, when I was Bishop of S. David's. The
room lay waste and out of repair, and I fitted it at my own
cost, and consecrated it into a chapel, that house having no
oratory before. 1. Here they further aggravated many cir
cumstances : as first, that I named it at the dedication ' the
Chapel of S. John the Baptist/ I did so name that chapel,
in memory of the college where I was bred, which bears the
same name ; but I dedicated it to God and His service. And
(1 83) to give the names of angels and saints to churches, for
distinction sake, and for the honour of their memory, is very
ancient and usual in the Church, as appears in S. Aug.a, and
divers others of the Fathers ; but dedicated only to God :
" which, in the midst of superstitious times, the School itself
confesses b :" so yet no offence. 2. Secondly, ' that I did it
upon the 29th of August/ And why might I not do it that
day, as well as upon any other ? But resolving to name the
chapel as I did, I the rather made choice of that day, both
because it was the day of the decollation of S. John the
1 Euseb. lib. x. Hisfc. c. 3. [pp. 463 z [See Diary, Aug. 28, 1625, ibid.
—465.] p. 171.]
u [See Diary, May 16, 1632, vol. iii. a [S. Aug. de Civit. Dei, lib. xxii.
p. 215.] cap. 10. Op., torn. vii. col. 1073. C.]
x [He died in 1634.] * [S.] Tho. [Aquin. Summ. Theol.]
y [See Diary, July 17, 1632, vol. iii. 2. 2se. q. Ixxxv. A. 2 ad 3.
p. 216.1
OF ARCHBISHOP LAUD. 251
Baptist ; and because, as upon that day God had wonderfully Die Deci-
blessed me, in the hearing of my cause concerning the Presi- m
dentship of S. John's College in Oxford, by King James of
ever blessed memory c : so yet no offence. 3. Thirdly, there
was a paper read, ' and avowed to be mine, in which was a
fair description of chapel furniture, and rich plate, and the
ceremonies in use in that chapel, and wafers for the Commu
nion/ At the reading of this paper I was a little troubled.
I knew I was not then so rich as to have such plate, or
furniture ; and therefore I humbly desired sight of the paper.
So soon as I saw it, I found there was nothing in it in my
hand but the indorsement, which told the reader plainly that
it was the model of reverend Bishop Andrews his chapel,
with the furniture, plate, ceremonies therein used, and all
things else. And this copy was sent me by the household
chaplain to that famous bishop d. " This I laid open to the
Lords, and it would have made any man ashamed but
Mr. Pryn, who had delivered upon oath that it was a paper
of my chapel furniture at Aberguilly, contrary to his con
science, and his own eyesight of the paper." And for wafers,
I never either gave or received the Communion, but in ordi
nary bread. At Westminster I knew it was sometimes used,
but as a thing indifferent. As for the slur here given to that
reverend dead Bp. of Winchester, it might well have been
spared; he deserved far better usage for his service to the
Church of England and the Protestant cause.
The fourth charge was the publishing the Book of Recrea- IV.
tions e : and it was ushered in with this scorn upon me, ' that
I laboured to put a badge of holiness, by my breath, upon
places, and to take it away from days/ But I did neither :
the King commanded the printing of it, as is therein attested ;
343 and the warrant which the King gave me, they have l f : and
1 [' and the warrant . . . they have :' in margin.]
c [See Diary, Aug. 29, 1611, vol. iii. " Charles E.
p. 135.] " Canterbury, see that our Declara-
d [This very copy is now preserved tion concerning liecreations on the
among the Harl. MSS. in Brit. Mus.] Lord's-day after Evening Prayer, be
e [See the King's Declaration in printed."
Rushworth's Collections, vol. ii. pp. Prynne accuses the Archbishop of
193—196.] obtaining this warrant without date,
f [It is thus given by Prynne (Cant. " to justify himself, if questioned for
Doom, p. 148) : — it, upon any future occasion."]
252 msToiiY OF THE TROUBLES AND TRIAL
Die Deoi- though at consecrations I read the prayers, yet it was God's
tlo< blessing, not my breath, that gave the holiness. And for
the day, I ever laboured it might be kept holy, but yet free
from a superstitious holiness. And first, it was said, ' that
this was done of purpose to take away preaching.' But first,
there is no proof offered for this. And secondly, 'tis impos
sible; for till the afternoon service and sermon were done,
no recreation is allowed by that book, nor then to any but
such as have been at both. Therefore it could not be done
to take it away. Thirdly, the book names none but lawful
recreations : therefore, if any unlawful be used, the book
gives them no warrant. And that some are lawful, (after the
public service of God is ended,) appears by the practice of
Geneva, where, after evening prayer, the elder men bowl,
and the younger train. And Calvin says in express terms,
that one cause of the institution of the Sabbath was, * that
servants might have a day of rest and remission from their
labour % :' and what time of the day fit, if not after evening
prayer? and what rest is there for able young men, if they
may use no recreation ? Then it was urged, ' that there was
great riot and disorder at wakes kept on the Ld/s-day/
That is a very sufficient cause to regulate and order those
feasts, but not quite to take them away. I make no doubt
for my part but that the Feast of the Dedication was abused
by some among the Jews ; and yet Christ was so far from
taking it away for that, as that he honoured it with His own
presence. S. John x.h As for the paper which was read,
' containing (184) three causes why that book was published/
that was a note taken for my own private use and memory1.
Then came in Mr. Pryn, who said that ' the Ld. Chief
s " Tertio servis, et iis qui sub alio- book set out by Theophilus Brabourne,
rum degerent imperio, quietis diem 1628, 'Judaism upon Christian Prin-
indulgendum censuit, quo aliquam ha- ciples,' and perverted many. 3. A
berent a labore remissionem."— Cal. great distemper in Somersetshire, upon
lib. ii. Inst. c. 8. §28. [Op. torn. ix. the forbidding of the wakes, in the sour-
p. 99.] ness of this opinion; an Act of the
h S. John x. 22. judge that rid that circuit, March 15,
1 [Prynne thus gives it (Cant. 1627, and followed by another, 1630;
Doom, p. 148) : — " The Declaration and his Majesty troubled with peti-
concerning lawful sports on the Lord's- tions and motions by some chief men
day, his Majesty commanded me to of that county, on both sides. 4. His
see it printed. The motives to it royal father's example upon the like
were : 1. A general and superstitious occasions in Lancashire."]
opinion conceived of that day. 2. A
OF ARCHBISHOP LAUD. 253
Justice Richardson had made an order in his circuit against Die Deci-
these wakes, and was forced to revoke it k.' This was done by "
authority, as is before answered ; to which I refer myself1.
Here 'tis added, to help fill up the noise : but Mr. Pryn
says, f that all the gentlemen in the country petitioned in
the judge's behalf/ No : there was a great faction in Somer
setshire at that time, and Sir Robert Philips and all his
party writ up against the judge and the order he made, as
was apparent by the certificates which he returned. And
Sir Robert was well known in his time to be neither Popish
nor profane. He says further, ' that William, then Earl of
Pembroke, was out of town, and the book printed in the
interim by my procurement/ But for this last, here's not
one word of proof offered, and so I leave it.
The fifth charge was, that some ministers were punished V.
for not reading this book. Witnesses for this were produced.
1. The first was Sir Nath. Brent; who says, ' he had charge
from me to call for an account of not reading this book, both
in my province at my visitation, and in my diocese/ His
Majesty having commanded this, I could do little if I had
not so much as inquired what was done : and he confesses,
' that for my province he gave time to them which had not
read it, and then never asked more after it/ So here was
no eager prosecution. But then he says, ( that three in my
diocese stood out, and asked timem/ And confesses that I
344 granted it: but adds, 'that when he asked more time for
them, I denied ; and that they were then suspended ab qfficio
only/ I thought I had reason to deny, when I saw they did
but dally by asking time. And it was then evident that in
the diocese of other bishops far more than three were
punished, and their punishment greater. "However, this
my proceeding was far from rigour. And this was the answer
that I gave Mr. Brown, who in the sum of his charge
instanced in this particular against me1/7
1 [' However, this . . . against me.' on opposite page.]
k [See Sir Thomas Richardson's m [The three persons referred to
order, in Prynne, Cant. Doom, pp. were Richard Culmer, John Player, of
131, 132.] Kennington, and Thomas Hieron, of
1 [See above, p. 133.] Hernhill.]
254 HISTORY or THE TROUBLES AND TRIAL
Die Deci 2. The second witness was Mr. Culmer u, one of the three
t10' ministers that was suspended. He says, 'that he was sus
pended by Sir Nath. Brent, and that when he came to me
about it, I said, If you know not how to obey, I know not
how to grant your petition/ Truly, my Lds., finding him
both wilful and ignorant, I cannot tell what I could say less.
He says, ' that his patron took away his benefice.' Why, my
Lds., he had none ; he was only a curate, and, God knows,
unfit for that. So being suspended from his office, this must
needs be done. He says, ' he was not absolved till the Scots
came in, and that he was conformable in all things else/
For the time of his absolution, I leave that to the record :
but for his conformity in other things, 'tis more than ever
I heard any. " This I can say for him, he is good at pur
chasing a benefice : for he offered a servant of mine one
hundred and fifty pounds, so he could procure me but to
name him to the Parliament for Chartham in Kent. Since,
I have heard he is as good at doing reverence in the church °:
for he pissed in the body of the cathedral at Canterbury at
noonday, as will be justified by oath P. And for this very
particular, the Book of Recreations, he informed at the
Council-table against a gentleman of quality, for saying it
was unfit such books should be sent for ministers to read in
the church^. And was himself laid by the heels for the false
hood of this information. So he is very good at the point of
conscience too, that can refuse to read the book, as being unfit,
and complain to have another punished for saying ;tis so."
3. The third witness is Mr. Wilson r. He says, ' that I
sent to Sir Nath. Brent to suspend him/ That is true, but
it was when he would neither obey, nor keep in his tongue.
He says, ' his living was sequestered for almost four years/
But it was not for not reading this book. For himself
n [See above, p. 17.] upon the whole, think him to have
0 This Mr. Culmer not only pissed been one of the greatest villains in
in the church of Canterbury, but also the three kingdoms. — H. W.
demolished the noble glass windows P Antidotum Culmerianum, p. 11.
of it with his own hands. The like he 1 Ibid. p. 35. [These passages from
did in the parish-church of Minster, Antidot. Culmer., are given by Whar-
in Thanet ; which benefice he usurped ton in the Appendix.]
during the Kebellion. I have had r [Thomas Wilson, of Otham, at
more particular opportunities to be this time one of the Assembly of
informed concerning him from many Divines.]
yet alive, who knew him well; and
OF AUCHBISHOP LAUD. 255
confesses it was done in the High- Commission; and that Die Deoi-
for dilapidations, in not repairing his house.
4. The fourth witness was one Mr. Snelling s, a minister in
the diocese of Rochester. All that was done against this
man was openly in the High-Commission Court. And there
he was censured for other things, as well as for this. Himself
confesses his open refusing to bow at the name (185) of Jesus,
though the Canon of the Church command it. I kept him
off from being sentenced a long time, and when he was
sentenced he confesses I was not present. He says, ' some
what was expunged out of his brief/ If it were, it was with
the consent of his counsel ; which in that court was ordinary.
345 Howsoever, it cannot touch me : for those things were done
at informations, where I was not present. He says, that
when I heard of the nature of his defence, I said, ' If any
such defence were put in, it should be burnt.' This was
upon just complaint of the judge then present at informa
tions, affirming it was against all the course of that court.
He says, ' there is no penalty mentioned in that Declaration.'
And I say, his obedience and other men's should have been
the more free and cheerful. Well, I pray God keep us in
the mean, in this business of the Sabbath, as well as in other
things, that we run not into a Jewish superstition, while we
seek to shun profaneness. This Calvin hath in the meantime
assured me, ' that those men who stand so strictly upon the
morality of the Sabbath, do by a gross and carnal Sabbatiza-
tion, three times outgo the superstition of the Jew V
Here it was inferred, ' that there was a combination for
the doing of this in other dioceses/ But no proof at all was
offered. Then Bp. Montague's Articles, and Bp. Wrenn's
were read, to show that inquiry was made about the reading
of this booku. And the Bp. of London's Articles named, but
not read. But if I were in this combination, why were not
my Articles read ? Because no such thing appears in them ;
8 [Lawrence Snelling, Rector of Cal. ii. Inst. c. 8, § 34. [Op., torn. ix.
Paul's Cray, Kent. His case is stated p. 100.]
in full by Prynne (Cant. Doom, pp. u [See the passages from Bp. Mon-
151, 152).] tagu's and Bp. Wren's Visitation Ar-
* ' " Crassa carnalique Sabbatismi tides, in Prynne, Cant. Doom, p. 153.]
superstitione ter Judeeos superant."-
256 HISTORY OP THE TROUBLES AND TRIAL
Die Deci- and because my Articles gave so good content, that while the
t10' Convocation was sitting, Dr. Brownrigg x and Dr. Oldsworth y
came to me, and desired me to have my book confirmed in
Convocation, to be general for all bishops in future, it was so
moderate and according to law. ( But why then,' say they,
' were other Articles thought on, and a clause that none
should pass without the approbation of the Archbp.2 ?' Why,
other were thought on, because I could not in modesty press
the confirmation of my own, though solicited to it. And that
clause was added, till a standing book for all dioceses might
be perfected, that no qu&re in the interim might be put to
any, but such as were according to law.
VI. The sixth charge was about ' reversing of a decree in
Chancery/ (as 'tis said,) ' about houses in Dr. Walton's a parish,
given/ as was said, ' to superstitious uses/
1. The first witness was Sergeant Turner. He says, fhe
had a rule in the King's Bench for a prohibition in this
cause/ But by reason of some defect (what, is not men
tioned,) he confesses he could not get his prohibition. Here's
nothing that reflects upon me. And if a prohibition were
moved for, that could not be personally to me, but to my
judge in some spiritual court, where it seems this cause
depended, and to which the decree in Chancery was directed.
And indeed this act, which they call a ' reversing/ was the
act and seal of Sir Nath. Brent my vicar-general. And if
he violated the Ld. Keeper's decree, he must answer it. But
the instrument being then produced, it appeared concurrent
in all things with the decree. The words are, Junta scopum
decreti hac in parte in curia Cancellaria factum, &c.
2. The second witness was Mr. Edwards. And wherein
he concurs with Sergeant Turner, I give him the same answer.
x [Prebendary of Ely, Master of Wight. An account of his life is pre-
Catherine Hall, and Archdeacon of fixed to his " Pnelectiones Theologi-
Coventry. He was made, in 1641, cee," edited by his nephew, Richard
Bp. of Exeter. See his Life in full Pearson. (Wood, F. 0. i. 375, 376.)]
in Lloyd's Worthies] z [See Canons of 1640. Canon ix.
y [Richard Holdsworth, Master of Works, vol. v. p. 627.]
Emmanuel College, and Rector of St. a [Dr. Brian Walton, Rector of S.
Peter-le-Poor in London. In 1645 he Martin's Orgar in Cannon Street,
was nominated to the deanery of the celebrated Editor of the London
Worcester. He attended the King at Polyglott Bible : afterwards Bishop
Hampton Court and in the Isle of of Chester.]
OF ARCHBISHOP LAUD. 257
316 For that which he adds, that Dr. Walton ' did let leases of DieDeci-
these houses at an undervalue, and called none of the m
parishioners to it :' if he did in this anything contrary to
justice, or the will of the donor, or the decree, he is living to
answer for himself ; me it concerns not. For ' his exception
taken to my grant' (of confirmation I think he means), ' and
to the words therein, omnis et omnimoda, &c. ;' 'tis the
ancient style of such grants, for I know not how many
hundred years; no syllable innovated or altered by me.
Then followed the charge of Mr. Burton and Mr. Pryn, VII.
about their answer, and their not being suffered to put it
into the Star-Chamber. Which though Mr. Pryn pressed at
large before b, yet here (186) it must come again, to help fill
the world with clamour. Yet to that which shall but seem
new I shall answer. Two things are said. (1.) The one, ' that
they were not suffered to put in their defence, modo et forma,
as it was laid/ There was an order made openly in court to
the judges, to expunge scandalous matter. And the two
Chief Justices did order the expunging of all that which was
expunged, be it more or less : as appears in the Acts of that
court. (2.) The other is, 'that I procured this expunging.'
The proofs that I procured it were these : 1. First, ' because
Mr. Cockshot gave me an account of the business from
Mr. Attorney.' I had reason to look after the business, the
whole Church of England being scandalized in that bill, as
well as myself. But this is no proof that I either gave direc
tion or used any solicitation to the reverend judges, to whom
it was referred. 2, Secondly, ' because I gave the Lords
thanks for it :' it was openly in court : it was after the ex
punging was agreed unto. And what could I do less in such
a cause of the Church, though I had not been personally
concerned in it ? 3. Thirdly, ' because I had a copy of their
answer found in my study.' I conceive it was not only fit,
but necessary for me to have one, the nature of the cause
considered. But who interlined any passages in it with black-
lead, I know not. For I ever used ink, and no black-lead all
my life. These be strange proofs that I procured anything.
Then Mr. Pryn added, ' that the justice and favour which
was afforded Dr. Leighton was denied unto him.' As far as I
b [See above, p. 109.]
LAUT>. — TOL. IV. S
258 HISTORY or THE TROUBLES AND TRIAL
Die Deci- remember, it was for the putting in of his answer under his
own hand. This, if so, was done by order of the court ; it was
not my act.
VIII. The last charge followed. And that was taken out of the
preface to my speech in Star-Chamber. The words are,
' That one way of government is not always either fit or safe,
when the humours of the people are in a continual change c/
&c. From whence they inferred, I laboured to reduce all to
an arbitrary government. But I do humbly conceive, no
construction can force these words against me for an arbitrary
government. For the meaning is, and can be no other, for
sometimes a stricter, and sometimes a remisser holding and
ordering the reins of government ; yet both according to the
same laws, by a different use and application of mercy and
justice to offenders. " And so I answered to Mr. Brown,
who charged this against me as one of my ill counsels to his
Majesty. But my answer given is truth. For it is not said, 347
that there should not be one law for government, but not one
way in the ordering and execution of that law. And the
' Observator ' upon my speech (an English author, and well
enough known, though he pretend 'tis a translation out of
Dutch), though he spares nothing that may be but carped at,
yet to this passage he says, ' 'tis a good maxim, and wishes
the King would follow it V And truly, for my part, I learned
it of a very wise and able governor, and he a King of England
too, it was of Hen. VII., of whom the story says, that in the
difficulties of his time and cause, he used both ways of
government, severity and clemency, yet both these were still
within the compass of the law e. He far too wise, and I
never yet such a fool, as to embrace arbitrary government."
c My Speech in the Star-Chamber, upon my Speech, p. 78.
Prsefat. versus finem. [The pages are e Speed in Hen. VII. § 16. [p. 731.
not marked.] Lond. 1614.]
d Divine and Politic Observations
OF ARCHBISHOP LAUD. 259
CAP. XXXVI.
THIS day I received a note from the Committee, that they Junii 14,
intended to proceed next upon the remainder of the seventh,
and upon the eighth and ninth original articles. Which
follow in h<ec verba.
The eighth Article :—
8. That for the better advancing of his traitorous purpose
and design, he did abuse the great power and trust his
Majesty reposed in him ; and did intrude upon the places
of divers great officers, and upon the right of other his
Majesty's subjects ; whereby he did procure to himself the
nomination of sundry persons to ecclesiastical dignities,
promotions and benefices belonging to his Majesty and
divers of the nobility, clergy and others ; and hath taken
upon him the commendation of chaplains (187) to the
King ; by which means, he hath preferred to his Majesty's
service, and to other great promotions in the Church, such
as have been Popishly affected, or otherwise unsound and
corrupt both in doctrine and manners.
The ninth Article :—
9. He hath for the same traitorous and 1 wicked intent,
chosen and employed such men to be his Chaplains, whom
he knew to be notoriously disaffected to the Reformed
religion, grossly addicted to Popish superstition, and
erroneous 2 and unsound both in judgment and practice ;
and to them, or some of them, he hath committed the
licensing of books to be printed, by which means divers
false and superstitious books have been published, to the
great scandal of religion, and to the seducing of many of
his Majesty's subjects.
1 [' traitorous and ' in marg.]
2 ['erroneous' in margin; originally 'ceremonies,']
S 2
260 HISTORY OF THE TROUBLES AND TRIAL
THE FOURTEENTH DAY OF MY HEARING. 348
Junii 17, AT the ending of the former day's charge, I was put off
54 4j to this day, which held. The first charge was ' concerning
Monday. Mr. Damport's leaving his benefice in London, and going
DieDec'i- into Holland V
mo-quarto.
1. The first witness for this was Quatermari, a hitter enemy
of mine ; God forgive him. He speaks, ' as if he had fled
from his ministry here for fear of me/ But the second
witness, Mr. Dukeswell, says, that he went away upon a
warrant that came to summon him into the High- Commission.
The truth is, my Lords, and 'tis well known, and to some of
his best friends, that I preserved him once before b, and my
Lord Veer c came and gave me thanks for it. If after this he
fell into danger again, majus peccatum habet ; I cannot pre
serve men that will continue in dangerous courses. He says
further (and in this the other witness agrees with him), l that
when I heard he was gone into New-England, I should say
my arm should reach him there/ The words I remember
not. But for the thing, I cannot think it fit that any plan
tation should secure any offender against the Church of
England. And therefore if I did say my arm should reach
him, or them, so offending, I know no crime in it ; so long as
my arm reached no man but by the law.
2. The second witness, Mr. Dukeswell, adds nothing to
this, but that he says, Sir Maurice Abbot kept him in before.
For which testimony I thank him. For by this it appears,
that Mr. Damport was a dangerous factious man, and so
accounted in my predecessor's time, and it seems prosecuted
then too ; that his brother, Sir Maurice Abbot, was then fain
(being then a parishioner of his) to labour hard to keep
him in.
The second charge was concerning Nathaniel Wickens,
a servant of Mr. Pryn's.
* [John Davenport, Vicar of St. Ste- referred to.]
phen's, Coleman Street. See Accounts c [Sir Horatio Vere, the celebrated
of Province for the Year 1633. Works, commander of the English troops in
vol. v. p. 318.] the Low Countries, created Baron
b [This agrees with the Arch- Vere of Tilbury, July 25, 1625, died
bishop's statement in the passage just 1635.]
Or AllCHBISHOP LAUD. 261
1 . The first witness in this cause was William Wickeiis, Die Deci-
father to Nathaniel. He says, ' his son was nine weeks in m°-<iuarto-
divers prisons, and for no cause but for that he was Mr.
Pryn's servant/ But it appears apud Acta, that there were
many articles of great misdemeanour against him. And after
wards himself adds, ' that he knew no cause but his refusing
to take the oath ex officw* Why, but if he knew that, then
he knew another cause, beside his being Mr. Pryn's servant.
Unless he will say all Mr. Pryn's servants refuse that oath,
and all that refuse that oath are Mr. Pryn's servants. As for
the sentence which was laid upon him and the imprisonment,
that was the act of the High-Commission, not mine. Then
he says, ' that my hand was first in the warrant for his com
mitment/ And so it was to be, of course.
2. The second witness was Sarah Waymaii. She says,
1 that he refused to take the oath/ Therefore he was not
committed for being Mr. Pryn's servant. She says, f that
for refusing the oath, he was threatened he should be taken
pro confesso : and that when one of the doctors replied, that
349 could not be done by the order of the court, I should say,
I would have an order by the next court-day/ 'Tis manifest
in the course of that court, that any man may be taken pro
confesso, that will not take the oath, and answer. Yet seeing
how that party of men prevailed, and that (188) one doctor's
doubting might breed more difference, to the great scandal
and weakening of that court, I publicly acquainted his Majesty
and the Lords with it. Who were all of opinion, that if such
refusers might not be taken pro confesso, the whole power of the
court was shaken. And hereupon his Majesty sent his letter
under his signet, to command us to uphold the power of the
court, and to proceed. She says further, fthat he desired
the sight of his Articles, which was denied him/ It was the
constant and known course of that court, that he might not
see the Articles till he had taken the oath, which he refused
to do.
3. The third witness was one Flower. He agrees about
the business of taking him pro confesso. But that's answered.
He adds, ' that there was nothing laid to his charge,' and yet
confesses that Wickens desired to see the articles that were
against him. This is a pretty oath. There were articles
262 HISTORY OF THE TROUBLES AND TRIAL
Die Deci- against him which he desired to see, and yet there was
mo-quarto
4. Then was produced his Majesty's letter sent unto us.
And herein the King requires us by his supreme power eccle
siastical to proceed, &c. We had been in a fine case, had we
disobeyed this command. Besides, my Lords, I pray mark
it ; we are enjoined to proceed by the King's supreme power
ecclesiastical ; and yet it is here urged against me, that this
was done to bring in Popery. An excellent new way of
bringing in Popery by the King's supremacy. Yea, but they
say, ' I should not have procured this letter.' Why ? I hope
I may by all lawful ways preserve the honour and just power
of the court in which I sat. And 'tis expressed in the letter,
that no more was done than was agreeable to the laws and
customs of the realm. And 'tis known that both an oath,
and a taking pro confesso in point of refusal, are used both in
the Star-Chamber, and in the Chancery.
5. The last witness was Mr. Pryn, who says, ' that his man
was not suffered to come to him, during his soreness when
his ears were cropped.' This favour should have been asked
of the Court of Star-Chamber, not of me. And yet here is
no proof that I denied him this, but the bare report of him,
whom lie says he employed. Nor do I remember any man's
. coming to me about it.
III. The third charge followed ; ' it was concerning stopping of
books from the press, both old and new, and expunging some
things out of them.'
1. The first instance was about ' the English Bibles with
the Geneva notes.' The Bibles with those notes were tolerated
indeed both in Queen Elizabeth's and King James his time ;
but allowed by authority in neither. And King James said
plainly, 'that he thought the Geneva translation was the
worst, and many of the notes very partial, untrue, seditious,
and savouring too much of dangerous and traitorous conceits.
And gave instance d.' This passage I then read to the. Lords:
and withal told them, that now of late these notes were more
commonly used to ill purposes than formerly, and that that
was the cause why the High-Commission was more careful 350
and strict against them than before.
•' Confer, at Ham. Court, p. 47. [Lond. 1604.]
Or AllCEBISIIOP LAUD. 263
Here Michael Sparks the elder came in as witness, and Die Deci-
said, ' he was called into the High-Commission about these m°-(luarto-
books :' but he confesses, it was not only for them. He says,
'the restraint of those Bibles was for the notes/ But he
adds, ' as he supposes/ And his supposal is no proof. Be
sides, he might have added here also, that the restraint was
not for the notes only : for by the numerous coming over of
Bibles, both with and without notes, from Amsterdam, there
was a great and a just fear conceived, that by little and little,
printing would quite be carried out of the kingdom. For the
books which came thence, were better print, better bound,
better paper, and for all the charges of bringing, sold better
cheap. And would any man buy a worse Bible dearer, that
might have a better more cheap ? And to preserve printing
here at home, as well (189) as the notes, was the cause of
stricter looking to those Bibles. And this appears by a letter
of Sir William BoswelPs, his Majesty's agent in the Low
Coun tries e; the letter written to me, and now produced against
me : but makes for me, as I conceive. For therein he sends
me word of two impressions of the Bible in English, one with
notes, and the other without : and desires me to take care to
regulate this business at home. What should I do ? Should
I sleep upon such advertisements as these, and from such a
hand? Especially since he sends word also, that Dr. Amyes
was then printing of a book wholly against the Church of
England f. So my care was against all underminings, both at
home and abroad, of the established doctrine and discipline
of the Church of England, for which I am now like to suffer.
And I pray God that point of Arminianism, libertas prophe-
tandi, do not more mischief in short time, than is expressible
by me.
2. The second instance was about the new decree of the
c [Extracts from Sir W. Boswell's the book referred to as being in the
letter are given by Prynne, Cant. press, was probably Ames's "Fresh
Doom, p. 181.] Suit against Human Ceremonies in
f [William Ames, a distinguished God's Worship, or a Triplication upon
divine among the Puritans, had left Dr. Burgess's Rejoinder for Dr. Mor-
England about 1611, and became sue- ton," which was published in that
cessively minister at the Hague, Pro- year. It was an attack on Morton's
fessor of Divini'y at Franeker, and defence of the three ceremonies, the
preacher to the English congregation surplice, the cross in baptism, and
at Rotterdam. As Sir William Bos- kneeling at the sacrament. (Biogr.
well's letter was dated Sept. 30, 1633, Brit.) ]
264 HISTORY OF THE TROUBLES AND TRIAL
Die Deei- Star-Chamber, concerning printing &. ' Four articles of this
' decree were read, namely, the 1, 2, 18, 24.' What these are,
may be seen in the decree : and as I think that whole decree
made anno 1637, useful and necessary; so, under your Lps.'
favour, I think those four articles as necessary as any.
Mr. Waly and Mr. Downes, two stationers, witnesses in
this particular, say, 'that they desired some mitigation of
the decree, and that Judge Bramston said, he could not do it
without me.' I saw my Ld. Chief Justice Bramston here in
the court but the other day : why was not he examined, but
these men only, who oppose all regulating of the press, that
opposes their profit ? And sure that grave judge meant, he
could not do it alone without the consent of the court. Or
if he would have me consulted, it was out of his judicious
care for the peace of this Church, almost pressed to death
by the liberty of printing h. ( The chief grievance they ex
pressed against the new licensing of books, was only for
matter of charges/ But that is provided for in the eighteenth
article. And Mr. Downes takes a fine oath, which was, ' that
he makes no doubt, but that all was done by my direction ;'
and yet adds, that fhe cannot say it.' So he swears that,
which himself confesses he cannot say. And manifest it is
in the preface, that this decree was printed by ' order of the
court/ and so by their command sent to the Stationers' Hall : 351
and the end of it was to suppress seditious, schismatical, and
mutinous books, as appears in the first article.
3. The third instance was, 'that I used my power to
suppress books in Holland/ This was drawn out of a letter
which John le Mare, one of the prime preachers in Amster
dam, writ to me ; expressing therein, that ' since the procla
mation made by the States, no man durst meddle with
printing any seditious libels, against either the State or
Church of England/ Where's the fault ? For this gentleman
did a very good office to this kingdom and Church, in pro
curing that proclamation : for till this was done, every dis
contented spirit could print what he pleased at Amsterdam,
against either : and if he had any direction from me about it
(which is not proved), I neither am nor can be sorry for it.
* [This decree is printed in Rush- pp. 306—315'.]
worth's Collections, vol. iii. Append. h Frigide dictum.— W. S. A. C.
OF ARCHBISHOP LAUD. 265
And the fear -which kept men in from printing, proceeded Die Deci-
from the proclamation of the States, not from any power of mo"(lua
mine.
4. The fourth instance was in c the Book of Martyrs/ But
that was but named, to credit a base business, an almanac
made by one Mr. Genebrand i : in which he had left out all
the saints, Apostles and all ; and put in those which are named
in Mr. Fox : and yet not all them neither ; for he had left
out the solemn days, which are in Fox, as Feb. 2, Feb. 25,
Mar. 25. And Cranmer translated to Mar. 23.
In this particular, Mr. Genebrand, brother to this almanac-
maker, witnesseth, ' that the Queen sent to me about this
new (190) almanac. If her Majesty did send to me about
it (as 'tis probable she would disdain the book), is that any
crime in me ? Could I prevent her Majesty's sending, who
could not know so much as that she would send ? He says,
1 his brother was acquitted in the High-Commission, but
charged by me that he made a faction in the court.' If I
did say so, surely, my Lords, I saw some practising by him
in this new-found way. He says, 'the Papists bought up
a great number of these almanacs, and burnt them.' It
seems he could not hinder that, nor I neither; unless it shall
not be lawful for a Papist to buy an almanac. For when
he hath bought him, he may burn him if he please.
But since the Book of Martyrs was named, I shall tell
your Lps. how careful I was of it. It is well known how
easily abridgements, by their brevity and their cheapness,
in short time work out the authors themselves. Mr. Young,
the printer, laboured me earnestly and often for an 'Abridge
ment of the Book of Martyrs.' But I still withstood it (as my
secretary here present can testify), upon these two grounds :
the one, lest it should bring the large book itself into disuse ;
and the other, lest if any material thing should be left out,
that should have been charged as done of purpose by me, as
now I see it is in other books. And I humbly pray your
Lps., cast your eyes upon the frontispiece of the Book of
Martyrs, printed an. 1642, since this Parliament began, and
1 His name was Gellibrand. — "VV. S . was published in the name of William
A. C. [Henry Gellibrand, of Trinity Beale, servant to Gellibrand. (Wood,
Coll. Oxford, Professor of Astronomy Ath. Ox. vol. ii. pp. 622, 623.) Sec
in Gresham College. The Almanac also Cant. Doom. p. 182.]
266 HISTORY OF THE TROUBLES AND TRIAL
Die Deci- when I was safe enough from having any hand in the business,
°' and there you shall see as dangerous pictures as have been
charged upon me, or any my chapel windows.
Upon occasion of Mr. Genebrand's calendar, Mr. Pryn took
occasion to tell the Lords, ' that I had made notes upon the
Calendar in the Missal/ I desired they might be read; 352
it was thought too tedious. They were nothing but some
additions of my own reading to the occurrences on some days.
And because the Calendar in the Missal was open and large,
I thought fit to write them there.
5. The fifth instance is in Dr. Pocklinton his censure of
k, and of Flaccius Illyricus l. And that ' this book was
licensed by my chaplain Dr. Bray. And he was censured in
this honourable House for that and like slips of his m. Then it
was inferred at the bar, ' that it must be taken as my act, if
it were done by my chaplain/ But inferences are 110 sworn
proof; and, I conceive, no man can by law be punished
criminally for his servant's fact ; unless there be proof that
he had a hand in it. Then it was urged, but without any
proof too, ' that Dr. Pocklinton was preferred by me V To
which I shall answer when proof is made : and if I had, 'tis
far enough from treason.
6. The next instance was ' about the calling in of Thomas
Beacon's Disputation of the Mass °/ The witness Mr. Pryn.
1. He says, ' the book was licensed, and that a Papist thereupon
said, Doth my Ld. of Canterbury license such books ? That
I was informed of these words, and the book called in the
next day.' First, Mr. Pryn is single in this part of the testi
mony for the words. Secondly, if any Papist did say so, it
was not in my power to stop his mouth; and they which
license books, must endure many and various censures, as
k I believe the name here wanting that before Mr. Fox his Acts and Mo-
is Mr. Fox the martyrologist. — W. S. numents," &c. — Pocklington's Altare
A. C. Christianum, p. 92. edit. 1 ; p. 114.
1 [The passage referred to is the edit. 2.]
following :— m [Ou March 11, 164f See Rush-
" This was the holy and justifiable worth's Collections, vol. iv. p. 207.]
use of these Diptiches, much like the u [Pocklington's preferments were,
list of persons censured by holy Church, the Kectory of Yelden, the Vicarage of
called with some reproach of truth Waresley, Prebend of Peterborough,
and Christian religion, ' Catalogus Oct. 31, 1623, and Canonry of Windsor,
Testium Veritatis,' collected into one Jan. 5, 16££. He was deprived of all
volume by Flaccius Illyricus, and en- his preferments, Feb. 2, 164^.]
larged since by others, and as unlike ° [See the evidence on this head in
a calendar that I have seen, to wit, Prynne, Cant. Doom, pp.183, 184.]
OF ARCHBISHOP LAUD. 267
the readers of them stand affected. Thirdly, if any Papist Die Deci-
did so speak, I have reason to think it was to do me a m(wluarto-
mischief, as much as in him lay. Fourthly, this is a very
bold oath; for he swears, 'that I was informed of these
words.' He was not present to hear it, and then he can have
it but by hearsay, and no religion teaches him to swear that
for truth which he doth but hear. Lastly, the book was
called in, because it was slipped out contrary to the late
decree for printing. 2. Yea, but Mr. Pryn swears, and so
doth Michael Sparks the other witness, ' that the book was
sent to the printer before the decree/ But first, Sparks his
oath is uncertain ; for he says Mr. Pryn sent him the book
before the decree, and then by and by after, says, it was
about that time. Now the book is somewhat large, so that
it might be sent him before the decree, (191) and yet not be
printed till after, and that a good space too. And secondly,
Mr. Pryn himself confesses, the book was sent when the
decree was in agitation.
7. The seventh instance was about Arminianism, ' as main
tained by me against the Declarations of both Houses of
Parliament P, and of King James, concerning Vorstius and
Bertius ^. First, I have nothing to do to defend Arminianism,
no man having yet charged me with the abetting any point
of it. Secondly, King James his declaration is very learned :
but under favour, he puts a great deal of difference between
Vorstius and Bertius : and his Majesty' s opinion is clear with
the article of the Church of England, and so expressed by
himself: and to which I ever consented. And the passage
in the conference at Hampton-Court was then read to the
Lords r, and yet for the peace of Christendom, and the
P [See the Kemonstrance of the brarian at Leyden) was the author of
House of Commons, June 11, 1628, a treatise on the Apostasy of the
(Prynne, Hidden Works, pp. 90—93,) Saints, censured severely by King
and the order made by the House of James (p. 357). He joined the Church
Commons, Jan. 28, 1628 (Cant. Doom, of Rome in 1620, and died in 1629.
p. 1G3). Laud's answers to these two In the Epist. Eccle*. et Theol. (Bpist.
declarations are mentioned below, ccxxxi. pp. 386, 387,) there is an
p. 272.] interesting letter from Grotius to
i [See King James's Protestatio John Wytenbogard, criticising freely
Anti-Vorstiana, Works, pp. 351 seq. some passages in Bertius's History of
Lond. 1619. King James was so the Pelagians, inserted in his Answer
strongly opposed to Vorstius that he to Piscator, and predicting for the
threatened to break off all inter- book an unfavourable reception in
course with the States, unless they England.!
banished him, which was accordingly r Confer, at Ham. Court, pp. 29, 30.
done. Bertius (a Professor and Li-
268 HTSTOEY OF TI1E TROUBLES AND TRIAL
Die Deci- strengthening of the reformed religion, I do heartily wish
r °* these differences were not pursued with such heat and animo
sity, in regard that all the Lutheran Protestants are of the
very same opinions, or with very little difference from those 353
which are now called Arminianism.
And here comes in Michael Sparks ; who says, f he was
called into the High-Commission about a book of Bishop
Carleton's9. I cannot punctually remember all particulars
so long since. But he confesses the business was in the
High-Commission. And so not singly chargeable against
me. Besides, he is single in this business. He says, ' he
was eleven years in the High-Commission, and never sen
tenced.' " This is more than I know. But if it be so, he
had better luck than some honester men. For a bitterer
enemy, to his power, the Church-government never had."
He was Mr. Pryii's printer. He says, ' I was a Dean then,
and he thinks of Hereford.' I was never Dean of Hereford.
But howsoever, this is a dangerous oath ; let him think of it.
He swears that I was a Dean then; and a High- Commis
sioner ; or else what had I to do in the business ? Now it
is well known I was never a High-Commissioner, till I had
been a Bishop some years *. For the book itself, Sparks says
nothing what was the argument of it : but (so far as I
remember) it was expressly against the King's Declaration.
lf And so I answered Mr. Brown, when he summed up the
evidence against me in the House of Commons. And though
in his reply he seemed to deny this, yet I remember no proof
he brought for it."
8. The last instance was pregnant, and brought forth
many particulars. 1. As first, ' Dr. Featly's Parallels, against
Bishop Mountague V But this was still-born ; at least it says
s [George Carleton, elected Bp. of on the High Commission. His name
Llandaflf Dec. 23, 1617, and translated appeared in the Commission issued
to Chichester Sept. 8, 1619. He was on the 21st of Jan. following. (Rymer,
one of the English Divines who at- Feed. VII. iv. 172.)]
tended the Synod of Dort. The Book u [The title of the book is, Telagius
referred to is, 'An Examination of those rcdivivus, or Pelagius raked out of
things wherein the Author of the late the ashes by Arminius and his Scho-
Appeal holdeth the Doctrine of the lars. Lond. 1626.' Wood (Ath. Ox.
Pelagians and Arminians to be the iii. 161) describes the book as consist-
Doctrines of the Church of England. ing of two parallels, one between the
Lond. 1626.' Wood (Ath. Ox. ii. 424) Pelagians and Arminians, the other
mentions a second edition in 1636.] between the Church of Rome, the
4 [Laud wrote to Buckingham, Appcaler, and the Church of England.]
Nov. 18, 1624, requesting to be put
OF ARCHBISHOP LAUD. 269
nothing of me. 2. Secondly, ' Mr. Pryn's Perpetuity v, and Die Deci-
against Dr. Cosens x, both burnt/ But he doth not say abso- mo'(luarto-
lutely burnt, but ' as he is informed,' and he may be informed
amiss. And howsoever he says, ' it was done by the High-
Commission, not by me/ 3. Thirdly, ' some sheets of Dr.
Succliffs book>r prohibited the Press at Oxford.' I hope
Oxford is able to give an account for itself. And whereas it
was here said at the bar : They hoped ' I would show some
repressing of the contrary part : ' I would satisfy their hopes
abundantly, could I bring witnesses from Oxford, how even
and steady a hand I carried to both parts z. 4. Fourthly,
' Mr. Burton questioned about his book called The Seven
Vials a/ But himself confesses, that upon Sir Henr. Martin's
information, that, as that cause was laid, the High-Commis
sion had no power in it, he was dismissed. 5. Fifthly, ' that
about his book, intituled, Babel no Bethel b, he was questioned
at a court out of term/ This was very usual, whensoever
the court was full of business, to hold one court-day out of
term. This is warranted by the Commission. And warning
of it was always publicly given the court- day before, that all
whom it concerned might take notice of it, and provide
themselves. 6. Sixthly, he says, 'he was there railed at
by Bp. Harsnet/ 'Tis more than I know that Bishop
Harsnet railed at him; but if he did, I hope I am not
brought hither to answer all men's faults. 7. Seventhly, he
(192) says, 'he claimed the Petition of Right, yet was com
mitted/ This is more than I know or believe; yet if it
were so, it was done by the High -Commission Court, not by
me. 8. He says next, ' that he could never be quiet/ But I
am sure, my Lords, the Church for divers years could never
be in quiet, for him, and his associates. 9. Lastly, they say,
v [The title of the book is, ' The « [See Hist, of Chancellorship,
Perpetuity of a regenerate Man's Works, vol. v. pp. 186 — 268.]
Estate, against the Saints' total and a [The title of the book is, * The
final Apostasy. Lond. 1627.' This Seven Vials, or an Exposition of the
appears to have been the first of 15th and 16th chapters of the Revela-
Prynne's voluminous publications.] tions. Lond. 1628.']
* [The title of the book is, < A Brief b [The title of the book is, ' Babel
Survey and Censure of Mr. Cozens his no Bethel ; i. e. the Church of Eome
couzening Devotions. Lond. 1628.'] no true visible Church of Christ;
y [The writer was Dr. Matthew being an answer to Hugh Cholmely's
Sutcliffe, Dean of Exeter. No book Challenge, and Robert Butterfield's
printed by Sutcliffe, at Oxford, at this Maschil.']
date, appears in the Bodl. Cat.]
270 HISTORY OF THE TROUBLES AND TRIAL
Die deci- ' some passages against Arminianism were left out of two 354
mo-quarto. letterSj one of Bp Davenant's, and the other of Bp. Hall's,
sent to be printed c.> First, here is no proof at all offered,
that I differed in anything from the doctrine expressed in
those letters. And secondly, for the leaving out of those
passages, it was (it seems) done to avoid kindling of new
flames in the Church of England. And it appeared on the
other side of the paper, which was produced against me, and
so read to the Lords ; that these passages were left out by
the express order from those Bps. themselves, under Bp.
Hall's own hand, and with thanks to Dr. Turner d, then my
chaplain, for his letter to them. And here this day's busi
ness ended. And I received command to attend again the
twentieth of the same month.
c [The passages erased are found d [Thomas Turner (son of Thomas
in Prynne's Cant. Doom, pp. 165, 166. Turner, Alderman, and thrice Mayor of
The letters, of which these omitted Beading), of S.John's College, Oxford,
passages originally formed a part, are He was, at an early age, taken under
in Bp. Hall's Works, vol. ix. pp.319 — Laud's patronage ; appointed Preb. of
321, Lond. 1808, at the beginning of Newington in 8. Paul's Church, April
his ' Reconciler;' and with the ex- 14, 1629, and Chancellor of S. Paul's,
ception of a small portion in Bp. Oct. 29 following; Dean of Rochester,
Hall's letter (where part of the pas- and Dean of Canterbury 1643. After
sage which Prynne says was omitted, is having suffered severely during the
inserted, and which may arise from an Rebellion, he was restored to his
error on his part), the letters are still preferments. He married Margaret,
printed as Abp. Laud left them ; so daughter of Sir Francis Windebank ;
far bearing out the statement in the by whom he had, among other sons,
text. Language sufficiently strong Francis Turner, the non-juring Bishop
against Rome, was permitted to re- of Ely (Wood, F. 0. i. 472).]
main in Bp. Davenant's letter.]
OF ARCHBISHOP LAUD. 271
CAP. XXXVII.
THE FIFTEENTH DAY OF MY HEARING.
Tins day I came again to the House. A day or two before. Junii 20,
1 R 4 A.
as now also, the landing place at Westminster was not so rrhur'sday<
full of people ; and they which were there, much more civil Die Deci-
towards me than formerly. My friends were willing to per
suade me, that my answer had much abated the edge of the
people, saving from the violent and factious leaders of the
multitude, whom it seems nothing would satisfy but my life
(for so I was after told in plain terms, by a man deeply
interested in them) ; when I presently saw Quaterman
coming towards me, who, so soon as he came, fell to his
wonted railing, and asked aloud, ' what the Lords meant, to
be troubled so long and so often, with such a base fellow as
I was ; they should do well to hang me out of the way/ I
heard the words with grief enough, and so left them and him
in the hands of God. My servants were earnest to have me
complain to the Lords. I remembered my late complaint
about the pamphlets had no redress; and so forbare it.
They notwithstanding, out of their zeal, complained to Mr.
Lieutenant of the Tower; who presently went forth, and
said he would school him. But I hearkened no more
after it.
When I came to the bar, Mr. Nicolas began with great
violence, and told the Lords, ' the business grew higher and
higher against me/ What the business did, will after appear ;
but I am sure he grew higher and higher, and from this time
forward, besides the violence of expression, gave me such
language, as no Christian would give a Jew. But God, I
humbly thank Him, blessed me with patience ; and so I
made my ears obedient. That which made him say ' the
business grew higher and higher/ was this. Upon my often
calling to have the oaths at the coronation of King James
2/2 IIISTOIIY OF THE TJIOTJBLES AND TRIAL
Die Deci- and King Charles compared, some of them repaired again to
1 °" my study at Lambeth, to search for all such copies of Coro
nation-books as could there be found11. In this diligent and 355
curious search (" for Mr. Pryn's malice made it ") they found
some papers concerning Parliaments, no other (I praise God
for it) than such, as with indifferent construction might
(I hope) well pass, especially considering what occasion led
me, and what command was upon me. And as I have been
told by able and experienced men, they wou'd have been
nothing, had they been found in any, but this troublesome
and distracted time about the rights of Parliaments, (as 'tis
said). Howsoever, I was most unfortunate they should be
now found, and I had not left (193) them a being, but that
I verily thought I had destroyed them long since. But
they were unhappily found among the heaps of my papers.
And so
I. An Answer to the Remonstrance b made June 17, 1628,
(which is sixteen years since,) was made the first charge
against me.
II. And the second charge was, ' a paper concerning a Decla
ration0, Jan. 28, 1628.' To both which I then answered;
but because these are urged more than once, to help fill the
people with new clamour; and because they are more closely
pressed against me at the last day of my hearing; and
because Mr. Brown in his summary charge, laid and charged
all these papers together ; to avoid tedious repetition, I will
also make my whole and entire answer together, when that
time comes.
III. The third charge of this day was, ' a letter of a Jesuit to
his superior, found in my study, dated Mar. 1628 <V Let
the letter be dated when it will, I hope the Archbp. may
get and keep the letters of any Jesuits or others. How shall
I be able to know or prevent their plots upon the religion by
law established, if this may not be done ? Yet this I desire
all men to take notice of, that this letter was not directed to
me. I was then Bp. of London : the letter was found in a
search. But when by all possible care taken by the High-
a [See above, p. 212.] Prynne, in Hidden Works, pp. 89, 90,
b [This will be printed in vol. vi.] and in part in Cant. Doom, pp. 1 59,
c [This will be printed in vol. vi.] 160 ]
d [This letter is given in full by
OF ARCHBISHOP LAUD. 273
Commission the author could not be found l, I had (as I Die Deci-
humbly conceive) great reason to keep it. And I then hum- m°-flumto-
bly desired the whole letter might be read. There was in
it, that ' Arminianism ' (as 'twas urged) ' was their drug,, and
their plot against us/ &c. The Jesuit seeing a fire kindling
about these opinions, might write what he pleased to help on
his cause. Yet this drug, which he says is theirs, is the
received opinion of all the Lutherans, and they too learned
Protestants to use their drugs. And if it be their drug, why
do the Dominicans so condemn it ? Nay, why doth the
Master of the Sentences and the School after him, for the
most, determine rigidly against it ? And whereas 'tis said,
' that these men had instruments at the Duke's chamber
door : ' that belongs not to me, I was not porter there. As
for that power which I had, (called by Mr. Nicolas the com-
.mand of ids ear,) I used it as much as I could to shut such
instruments thence. Beside, 'tis barely said, no proof at all
offered, that such instruments were about the Duke's cham
ber-door. Other papers were found in my study, above sixty
at the least, expressing my continued labours for some years
together, to reconcile ' the divided Protestants in Germany,
that so they might go with united forces against the Romanists.
" Why are riot these produced too ? Would not Christianity
and justice have my innocence cleared, as well as my faults
accused ?"
356 The fourth charge was Bp. Mountague's preferment. 'The IV.
Parliament,' they say, c called him in question, and the King
called in his book ; yet, in affront to the Parliament, that he
was preferred by me.' No : it was then publicly known in
court (whether now remembered or no, I cannot tell) that
he was preferred by my Lord Duke ; but being a Church
business, the King commanded me to signify his pleasure to
the Signet office. And the docket (which, is all the proof
here made) mentions him only by whom the King's pleasure
is signified, not him that procures the preferment. So the
docket in this case no proof at all.
The fifth charge was a paper intituled, ' Considerations for V,
the Church c.' Three exceptions against them. ' The obseiva-
1 [' But when . . . found,' in margin.]
e [See Prvnne's Cant. Doom, p. 287.]
LAUD. — V(>L. IV. T
274 HISTORY OF THE TROUBLES AND TRIAL
Die Deci- tion of the King's Declaration, art. 3 ; the Lecturers, art.
mo-quinto. 5 . and the High-Commission and Prohibitions, art. 10,
11.' The paper I desired might be all read. Nothing in
them against either law or religion. And for Lecturers a
better care taken, and with more ease to the people, and
more peace to the Church *, by a combination of conformable
neighbouring ministers, in their turns, and not by some
one humorous man, who too often misleads the people.
Secondly, my copy of Considerations f came from Archbp.
Harsnet, in which was some sour expression concerning
Emmanuel and Sidney Colleges in Cambridge, which the
King in (194) his wisdom thought fit to leave out. The King's
instructions upon these Considerations, are under Mr. Baker's
hand, who was secretary to my predecessor %. And they were
sent to me to make exceptions to them, if I knew any, in
regard of the ministers of London, whereof I was then Bp.
And by this, that they were thus sent unto me by my pre
decessor, 'tis manifest, that this account from the several
dioceses to the Archbishop, and from him to his Majesty
once a-year, was begun before my time. Howsoever, if it
had not, I should have been glad of the honour of it, had it
begun in mine. For I humbly conceive, there cannot be a
better or a safer way to preserve truth and peace in the
Church, than that once a year every bishop should give aii
account of all greater occurrences in the Church to his
metropolitan, and he to the King. Without which, the
King, who is the supreme, is like to be a great stranger to
all Church proceedings.
VI. The sixth charge was about ' Dr. Sibthorp's Sermon, that
my predecessor opposed the printing of it, and that I opposed
him to affront the Parliament11.' Nothing so, my Lords.
Nothing done by me to oppose, or affront, the one or the
other. This sermon came forth when the loan was not yet
settled in Parliament. The Lords, and the Judges, and the
Bishops, were some for, some against it. And if my judg-
1 [' and more . . . Church,' in margin.]
f I suppose these Considerations h [See Abp. Abbot's account of this
are those published in Fryn's Compl. business, in Kushworth's Collections,
Hist. p. 287.— W. S. A. C. vol. i. pp. 436 seq.]
* [See Laud's Works, vol. v. p. 307.]
OF ARCHBISHOP LAUD. 275
ment were erroneous in that point, it was misled by lords of Die Deci-
great honour and experience, and by judges of great know- m°-(lumto-
ledge in the law. But I did nothing to affront any. 'Tis
said, ' that I inserted into the sermon, that the people may
not refuse any tax that is not unjustly laid/ I conceive
nothing is justly laid in that kind but according to law;
God's and man's. And I dare not say, the people may refuse
anything so laid. For jus Regis, the right of a King, (which
is urged against me too,) I never went further than the Scrip-
357 tures lead me ; nor did I ever think, that jus Regis, men
tioned 1 Sam. viii.1, is meant of the ordinary and just right of
kings, but of that power which, such as Saul would be, would
assume unto themselves, and make it right by power l.
Then they say, I expunged some things out of it k. As
first, fthe Sabbath/ and put instead of it ' the Lord's-day/
What 's my offence ? * Sabbath ' is the Jews' word, and the
f Lord's-day' the Christians'. Secondly, ' about evil coun
sellors to be used as Haman.' The passage (as there ex
pressed) was very scandalous, and without just cause, upon
the Lords of the Council. And they might justly have
thought I had wanted discretion, should I have left it in.
Thirdly, that I expunged this, ' that Popery is against the
first and the second commandment/ If I did it, it was
because it is much doubted by learned men whether any
thing in Popery is against the first commandment, or denies
the unity of the Godhead. And Mr. Perkins (who charges
very home against Popery) lays not the breach of the first
commandment upon them *. te And when I gave Mr. Brown
this answer, in his last reply, he asked ' why I left out
both?' Why, I did it because its being against the second
is common and obvious, and I did not think it worthy the
standing in such a sermon, when it could not be made good
against the first."
But they demanded, ' why I should make any animadvert
sions at all upon the sermon?' It was thus. The sermon
1 [' further than .... power. ' on the opposite page. The Archbishop had
originally written something different, which he erased.]
5 1 Sam. viii. 12. Doom, p. 245.]
k [The passages said to have been ' Perkins, Opera, fol. p. 34. [torn, i,
expunged are given in Prynne's Cant. Cambr. 1608.]
T 2
276 HISTORY OF THE TROUBLES AND TRIAL
Die Deci- being presented to his Majesty, and the argument not com-
mo-qmnto. moj^ ^ committed the care of printing it to Bishop Mountain,
the Bp. of London, and four other; of which I was one.
And this was the reason of the e animadversions ' now called
mine. As also of the answer ' to my predecessor's exceptions,'
(now charged also) and called mine. But it was the joint
answer of the Committee. And so is that other particular
also, ' in which the whole business is left to the learned in
the laws/ For though the ' animadversions ' be in my hand,
vet they were done at and by the Committee, only I being
puny Bishop, was put to write them in my hand.
VII. The seventh charge was ' Dr. Manwaring's business and
preferment/ It was handled before m, only resumed here to
make a noise, and (195) so passed it over.
VIII. The eighth charge was concerning ' some alterations in the
prayers made for the fifth of November11, and in the book for
the Fast, which was published an. 1636 °, and the prayers
on Coronation- day/
1. First for the Fast-book: the prayer mentioned was
altered, as is expressed ; but it was by him that had the
ordering of that book to the press, not by me. Yet I cannot
but approve the reason given for it, and that without any the
least approbation ' of merit/ For the abuse of fasting, by
thinking it meritorious, is the thing left out ; whereas in
this age and kingdom, when, and where, set fastings of the
Church are cried down, there can be little fear of that erro
neous opinion of placing any merit in fasting.
2. Secondly, for the prayers published 'for the fifth of
November, and Coronation- day/ The alterations were made
either by the King himself, or some about him, when I was
not in court. And the books sent me with a command for
the printing, as there altered. I made stay, till I might
wait upon his Majesty. I found him resolved upon the 358
alterations; nor in my judgment could I justly except against
them. His Majesty then gave warrant to the books them
selves with the alterations in them, and so by his warrant
I commanded the printing. And I then showed both the
books to the Lords, who viewed them, and acknowledged his
' m [See above; p. 83.] ° [Ibid. pp. 249, 250.]
B [See Prynne's Cant. Doom, p. 246.]
OP ARCHBISHOP LAUD. 277
Majesty's hand, with which, not his name only, but the whole Die Deci-.
warrant was written P. mo-quinto.
And here I humbly desired three things might be observed,
and I still desire it. First, with what conscience this passage
out of my speech in the Star-Chamber 1 was urged against
me (for so it was, and fiercely by Mr. Nicolas) to prove ' that
I had altered the oath at the King's Coronation/ because
the prayers appointed for the anniversary of the Coronation
were altered. tf Which is absolute nonsense." Secondly, he
charged me ' that the word Antichristian was left out/ But
that is visibly untrue, for it is left in. Thirdly, that though
it be in, ( yet that the alteration takes it off from the Papist,
as also their rebellion/ Neither: for the change is this,
' that Antichristian sect/ altered into ' the Antichristian sect
of them which/ &c.; and, ' whose religion is rebellion/ altered
into, ' who turn religion into rebellion/ By which it is mani
fest that the alteration takes off neither imputation from the
Papist, but moderates both. And for aught I yet know, 'tis
necessary it should. For if their religion be rebellion, see
what it will produce. Is not this the syllogism ? The religion
of the Papist is rebellion : but Christianity is the religion
of the Papist : therefore Christianity is rebellion. I may not
enlarge ; but you may see more, if you please, in my speech
in the Star-Chamber r. " And when Mr. Brown in the sum
of his charge pressed these alterations hard against me, he
did not so much as mention, that I had the King's both
warrant and command to all that I did in that particular :
and besides, urged this as a great innovation, ' because the
prayers mentioned had continued unaltered for the space of
above thirty years.' Not remembering therewhile, that the
Liturgy of the Church established by Act of Parliament,
must be taken away, or altered, though it hath continued
above fourscore. Nay, and Episcopacy must be quite abo
lished, though it have continued in the Church of Christ
above sixteen hundred."
The ninth charge was from Sir Edward Hungerford, who IX,
came to Lambeth to have a little book licensed to the press,
i' [See Abp. Laud's Speech in the '' P. 32. [p. 75 in marg.]
Star-Chamber, p. 34. Edit. 1637; and * P. 36. [p. 76 in marg.]
p. 75 in marg. in this reprint.]
278 HISTORY OF THE TROUBLES AND TRIAL
Die Deci- The author was Sir Anthony Hungerford s, whether Sir EcU
°* ward's grandfather or his uncle, I remember not the relation.
He says, he came to my chaplain, Dr. Bray, to license it.
And, ' that Dr. Bray told him there were some harsh phrases
in it, which were better left out, because we were upon a way
of winning the Papists/ First, I hope I shall not be made
answerable for my chaplain's words too. And secondly, I
hope there is no harm in winning the Papists to the Church
of England : especially if so easy a cure, as avoiding harsh
language, would do it. He says, ' my chaplain expressed a
dislike of 'Guicciardin's censure of Pope Alexander the Sixth.'
Sure if the censure be false, he had reason to except against
it; if true, yet to publish such an unsavoury busi(196)ness
to the common people 1 He says, ' he came and com
plained to me, and that I told him I was not at leisure, but
left it to my chaplain/ So the charge upon me was, ' that 359
my chaplain was in an error concerning this book, and I
would not redress it.' To this I answered : First, that my
chaplain was dead, and I not knowing the reasons which
moved him to refuse licensing this book, can neither confess
him to be in an error, nor yet justify him. Secondly, for
my own refusing to meddle with it, Sir Edward took me in
a time of business, when I could not attend it. Thirdly, if
I had absolutely refused it, and left it to my chaplain, I had
done no more than all my predecessors did before me. And
Dr. Featly then witnessed to the Lords, that Archbp. Abbot,
my immediate predecessor, and to whom the Doctor was
household chaplain, would never meddle with licensing books,
but ever referred them to his chaplains : and Dr. Mocket,
another of his chaplains, (well known to Dr. Featly,) suffered
1 [Wharton printed this passage with marks of omission, as though the
Archbishop meant to add more; — but there is no trace of this in the MS.
Abp. Bancroft here notes, ' Imperfect period, or an Aposiopesis.']
8 [Sir Anthony Hungerford was taken to be licensed in 16'35; and
originally brought up as a Romanist, on the Chaplain refusing to license it,
but changed his religion in 1588. was printed at Oxford in 1639. The
About 1607 he wrote the book men- passages which were objected to by
tioned in the text. It was entitled, the licenser are given by Prynne (Cant.
" The Advice of a Son professing the Doom, pp. 252—254). Sir Edward
Religion established in the present Hungerford was the son, not nephew,
Church of England, to his dear Mother or grandson, of Sir Anthony.]
a Eoman Catholic." This book was
OF ARCHBISHOP LAUD. 279
for a book sharply * ; yet not one word said to my predecessor Die Deci-
about it. Fourthly, as the liberty of the press is in England, m°-<luinto-
and of the books which are tendered to the press l, the Arch
bishop had better grind, than take that work to his own
hands, especially considering his many and necessary avoca
tions. Lastly, no man ever complained to me in this kind,
but this gentleman only. So it is one only single offence,
if it be any. " But how this or the rest should be treason
against Sir Ed. Hungerford, I cannot yet see. And so I
answered Mr. Brown ; who in his summary charge forgot not
this : but Mr. Nicolas laid load upon me in his reply, in such
language as I am willing to forget."
The tenth charge was out of a paper of ' Considerations ' to X.
Dr. Potter, about some few passages in his answer to a book
intituled, ' Charity mistaken V The business this. Dr. Potter
writ to me for my advice : I used not to be peremptory ; but
put some few things back to his further consideration. Of
which, three were now charged upon me. 1. The first was, he
used this phrase, ' believe in the Pope/ I desired him to
consider of cm.' And in this I yet know not wherein I
offend. 2. The second was this phrase, ' the idol of Rome/
I advised him to consider this phrase too, that men might
not be to seek what that idol was. " And here Mr. Nicolas
cried out with vehemeiicy, e that every boy in the street could
tell the Pope was the idol.' I had not Dr. Potter's book now
at hand; and so could not be certain in what sense the
Doctor used it ; but else, as many, at least, think the Mass
the idol of Rome, as ' the Pope :' unless Mr. Nicolas his boys
in the streets think otherwise, and then I cannot blame him
for following such mature judgments." 3. The third was, that
I bid him consider whether ' the passage, p. 27/ (as I remem-
1 [' and of ... the press/ in margin.]
1 [Richard Mocket published, in u [This book was written by Ed-
1616, the Book of Common Prayer, ward Knott, the Jesuit, to which Potter
Thirty-nine Articles, &c., in Latin, put forth a reply in 1633, entitled,
omitting the first clause of the 20th ' Want of Charity justly charged,' &c.
Article. The book was, probably on He was preparing a second edition
this account, sentenced to be burnt, (which appeared in 1634), for which
which so weighed on his spirits that purpose he consulted the Archbishop
he died soon afterwards. (Wood, Ath. on several points, which are mentioned
Ox. vol. ii. p. 232, and Heylin's Cypr. in Prynne'sCant. Doom, pp. 251, 252.]
Angl. p. 70.)]
280 HISTORY OF THE TROUBLES AND TRIAL
Die Deci- ber,) ' did not give as much power to the Parliament in matter
mo-quinto. of Doctrine, as the Church.' " But my answer to this I shall
put off to the charge against me concerning Parliaments,
because there Mr. Brown began with this. The two former
he charged also, and I answered them as before. But he
omitted, that I obtained of the Lords the reading of Dr.
Potter's letter to me, by which he drew from me those things
which I determined not, but only put to his second thoughts
and consideration. In which way (I humbly conceive) I
cannot be in crime, though I were in error. Here ended
the business of this day, and I was ordered to attend again
June 27.
01A ARCHBISHOP LAUD. 281
360 CAP. XXXVIII.
THE SIXTEENTH DAY OP MY HEARING.
THIS day I appeared again. a ; and the first charge laid against Junii 27,
me, was ' my chaplain Dr. Bray's expungings out of Dr. Thursday.
Featly's Sermons/ The same charge ad verbum which was Die Veci-
before b, and I give it the same answer. These repetitions of j
the same things being only to increase clamour, and to fill
more men's ears with it.
(197) The second charge was ' certain expunctions of some II.
things against the Papists in Dr. Clark's Sermons0/ The
witness which swore to the passages left out, was one Mr.
White, a minister d, and it seems some near acquaintance
of Dr. Clark's. But first, this witness is single. Secondly,
he brought only a paper, in which he had written down what
was expunged ; but Dr. Clark's Sermons he brought not with
it : so 'tis not impossible he might be mistaken : howsoever,
I not having the book, could not possibly make an absolute
and a perfect answer. Thirdly, this witness confesses, that
Dr. Weeks, then chaplain to my Ld. of London, had the view
of Dr. Clark's Sermons, and took exceptions against some
passages, as well as my chaplain, Dr. Haywood, did. So it
a [The following entry in the Lords' l> [See above, p. 241.]
Journals, refers to a point not noticed c [Dr. Richard Clerke was a Fellow
by the Archbishop : — of Christ's Coll. Cambridge. He was
" Die Jovis, viz. 27° die Junii. one of the translators of the Bible,
" The Committee of the House of being entrusted, together with Dr. Sa-
Commons began to press the evidence ravia, with the portion from the Pen-
of the Service Book of Scotland. tateuch to the Book of Chronicles.
" The Archbishop desired his coun- He was one of the six Preachers of
scl might be heard before this be Canterbury. His Sermons were pub-
given in evidence, because of his plea. lished after his death, in 1637. A list
" Hereupon they withdrew ; and the of the passages expunged from these
House taking this into consideration, Sermons is given by Prynne, Cant,
the House thought it fit that the evi- Doom, pp. 257, 258, 261—268, 270,
dence of this particular should be 271.]
reserved to the House of Commons d [This was Charles White, one of
until they come to the thirteenth the six Preachers of Canterbury, who
article ; and then they should be heard wrote the Preface to Dr. Clerke's
on both sides, concerning this parti- Sermons.]
cular and the thirteenth article."]
282 H1ST011Y OF THE TROUBLES AND TRIAL
Die Deci- seems there was cause for it. Fourthly, I answer, that for
mo-sexto. tn^ an(j £Qr RJJ other of like nature, iny chaplain must
answer for his own act, and not I. He is living, and an able
man j_ I humbly desire he may be called to his account.
For 'tis not possible for me to tell your Lps. upon what
grounds he did expunge these many and different passages,
which are instanced against me. Lastly, in all the passages
of Dr. Clark's Sermons, it is not anywhere distinguished,
which were expunged by my chaplain, and which by Dr.
Weeks : so that the charge in that behalf is left very un
certain.
For the passages themselves, as they are many, so they
are such as may easily be mistaken, the most of them. And
whether Dr. Clark handled them in such manner as was not
justifiable, either against Arminius or the Papists, cannot
possibly be known, till each place in the book be examined
for the ' thing/ and my chaplain, Dr. Hay wood, for the ' mean
ing/ " This made a great noise in Mr. Brown's summary
charge against me, he alleging, that two and twenty passages
about points of Popery were dashed out of Dr. Clark's Ser
mons. To which. I answered, that I conceived my chaplain
would be able to make it good, there were two hundred left
in for two and twenty left out. And that they which were
left out, were not some way or other justifiable against the
Papists, as set down and expressed by him. And if so, they
are better out than in. For we gain nothing by urging that
against the Papists, which, when it comes to the touch,
cannot be made good against them."
One passage is here added out of Dr. Featly's Sermons, 361
p. 225 e, where he inveighs against ' too much embellishing
and beautifying the church, and not the souls of men,' &c.
First, if there be not a care to beautify the soul, let men
profess what religion they will, 'tis a just exception, and I
believe no fault found with that. But, secondly, for the over
much beautifying of the church, 'tis a point that might well
be left out. Little necessity, God knows, to preach or print
against too much adorning of churches among us, where yet
so many churches lie very nastily in many places of the king
dom, and no one too much adorned to be found. Nay, the
<•' [Featley's Clavis Mystica, Serin, xvii. p. 225. J
OF ARCHBISHOP LAUD. 283
very consecration of churches cried down (as is before ex- Die Deci-
pressed). And this opinion, 'that no place is holy but during m
the service in it/ made Mr. Culmer, though a minister, to piss
in the cathedral church of Canterbury : and divers others to
do so, and more, against the pillars in S. Paul's nearer hand,
as may daily be both seen and smelt, to the shame of that
which is called religion. " Here Mr. Nicolas would fain have
shovelled it to the outside of the church (which had been bad
enough), but it was the inside I spake of, and the thing is
known."
Then an instance was made in a book of Dr. Jones' f. The
witness that anything was expunged out of this, was only
Mr. Chetwin. And he confesses that this book was licensed
by Dr. Baker %, and he my Ld. of London's chaplain, not
mine. Here my friends at the bar infer ' that Dr. Baker was
preferred by me.' First, that's not so; he was preferred by
his own lord. Secondly, if he had been preferred by me, it
could have made no charge, unless proof had been made that
I preferred him for abusing Dr. Jones his book, And for
the s docket/ which is the only proof offered that I preferred
him, I have already showed, that that is no proof. Yea, but
they say, ( Dr. Baker was employed by me as one (198) of my
visitors.' And what then ? Must I be answerable for every
fault that is committed by every man that I employ in my
visitation, though it be a fault committed at another time
and place, though I humbly desire Dr. Baker may answer for
himself, before I acknowledge any fault committed by him ?
" And though I conceive this answer abundantly satisfactory
for anything that may concern me, yet Mr. Brown omitted
not this instance against me V
1 [' And though . . . against me.' on opposite page.]
£ [Dr. William Jones, of East Berg- Christopher-le-Stock, S. Mary-at-Hill,
holt, in Suffolk, wrote a Commentary and Southwold in Essex. On Oct. 29,
on the Epistles to Philemon and the 1636, he was collated to the Prebend
Hebrews. It was published in 1635. of Totenhall in S. Paul's Church, and
A list of the passages expunged is Oct. 20, 1638, he was installed Canon
given by Prynne, Cant. Doom, pp. of Windsor, which canonry he resigned
255, 259, 260, &c.] on being appointed Prebendary of
« [Samuel Baker, of Christ's Coll. Canterbury in 1639. He assisted in
Cambridge. He was successively In- the Polyglott Bible. (Walker's Suff'er-
cumbent of S. Margaret Pattens, S. ings, par. ii. p. 7.)]
284 HJSTOllY OF THE TROUBLES AND TRIAL
Die Deci- The third charge was personally against myself, and taken
ou^ °f mv speech in the Star-Chamber1'. The words these:
1 The altar is the greatest place of God's residence upon earth,
greater than the pulpit ; for there 'tis Hoc est corpus meum,
This is my body ; but in the other it is at most but Hoc est
verbum meum, This is my word : and a greater reverenco is
due to the body, than the word of the Lord.' Out of this
place, Mr. Nicolas would needs enforce, that I maintained
transubstantiation ; because I say, ' there, 'tis Hoc est corpus
meum.' First, I perceive by him, he confounds (as too many
else do) Transubstantiation with the Real Presence, whereas
these have a wide difference. And Calvin grants a real and
true presence, yea, and he grants realiter too ; and yet no
man a greater enemy to transubstantiation than he. As I
have proved at large in my book against Fisher1, and had
leave to read the passage therein to the Lords. And Mr. 302
Perkins avows as much k. And, secondly, the word ' there '
makes nothing against this. For after the words of conse
cration are past, be the minister never so unworthy, yet 'tis
infallibly Hoc est corpus meum to every worthy receiver. So
is it not Hoc est verbum meum, from the pulpit to the best of
hearers, nor by the best of preachers since the Apostles' time.
" And as preaching goes now, scarce is anything heard from
many l in two long hours, that savours of the word of God."
And St. Paul tells us, 1 Cor. xi.1, of a great sin committed in
his time, l of not discerning the Lord's body,' when unworthy
communicants received it. Where was this ? Why it was
' there,' at the holy table or altar, where they received, yet
did not ( discern.' I hope for all this St. Paul did not main
tain transubstantiation. " Mr. Brown in his summary charge
pressed this also upon me. I answered as before, and added,
that in all ages of the Church, the touchstone of religion
was not to hear the word preached, but to communicate.
And at this day, many will come and hear sermons, who
yet will not receive the communion together. And as I call
1 [' from many ' in margin.]
h P. 47. [p. 78 in margin.] k Perkins, Opera, in fol. p. 590.
5 Contr. Fisher, [sect. 35,] p. 292, [torn. i. pp. 582—586. Cambr. 1608. ]
[Edit, 1639; p. 327, Oxf. 1849.] ' 1 Cor. xi. 29.
OF ARCHBISHOP LAUD. 285
the holy table the greatest place of God's residence upon Die Deci-
earth ; so doth a late learned divine m of this Church, call the mP-sexto-
celebration of the Eucharist, 'the crown of public service,
and the most solemn and chief work of Christian assemblies / n
and he a man known to be far from affecting Popery in the
least. And all divines agree in this, which our Saviour
Himself teaches, St. Matt, xxvi., t that there is the same
effect of the passion of Christ, and of this blessed sacrament
worthily received l °."
Another passage taken out of my speech was, 'that due
reverence be given to God and to His altar v.' Hence Mr.
Nicolas infers again : 'This reverence is one joint act, there
fore His divine to the altar, as well as to God, and so idolatry/
First, the very next words in my speech are, that this reve
rence to the altar comes ( far short of divine worship.' What
can prevent an objection, if such plain words cannot?
Secondly, having thus plainly expressed it, he may infer too,
if he will, that I do not then worship God. For this reve
rence is one joint act ; but 'tis confessed, that 'tis not divine
worship to the altar, and therefore not to God. "But,
thirdly, this gentleman, by his favour, understands not the
mysteries which lie hid in many parts of divinity. In this
for one." For when this reverence is performed, 'tis to God
as to the Creator, and so divine : but 'tis only ' toward/ not
'to' the altar, and so far short. And though in outward per
formance it be one joint act, yet that which is not e separated/
is, and must be distinguished one from the other. To make
a good work acceptable to God, there must be both faith and
charity : they cannot be separated one from the other ; what,
1 ['And as I ... worthily received.' on opposite page.]
m [Herbert Thorndike was at this was a stall in Westminster Abbey,
time Fellow of Trinity College, Cam- which he held till his death in 1672.
bridge. He held the living of Clay- (Todd's Life of Walton, vol. i. pp. 209
brooke in Leicestershire, and was soon seq.)]
after Rector of Barley, and, in 16-13, " Thorndike, 'Of Assemblies,' c.viii.
failed in obtaining the Mastership of p. 260, § 7. London, 1642. [Works,
Sidney Sussex College, though elected vol. i. p. 274. Oxf. 1844.]
by a majority of votes. During the ° St. Matt. xxvi. 26. " Idem est
Rebellion he was employed as a cop.d- effectus Passionis Christ! et Eucharis-
jutor of Walton in editing the Poly- tiae." -— [S.] Thorn. [Aquin. Summ.
glott, and was supported by the muni- Theol.] p. iii. q. Ixxix. A. 1. c.
ficence of Lord Scudaniore. After the •» P. 49. [p.f78 in marg.]
Restoration, his highest preferment
286 HISTORY OF THE TROUBLES AND TRIAL
Die Deci- shall they not therefore be distinguished 1 ? He that speaks
8exto' (saith St. Aug.), by one joint act sends out his voice and his
word r ; separated they cannot be, shall not they be distin
guished therefore ? But I have lived long enough l, and
taken pains to small purpose, if Mr. Nicolas or any layman
else, at his by (199) and leisure hours, from a busy profession,
shall be able to teach me in that which I have laboured all
my life. And God bless the poor bishops arid clergy of 363
England, if falling into a storm (as I now am) they must have
such judges as Mr. Nicolas.
IV. The fourth charge, ' is the licensing of Sales', and other
books which had Popery in them 2, by my chaplain, Dr. Hay-
wood3. 1. To this Mr. Pryn (who is the single witness) says,
' that he tendered a bill to the then Ld. Keeper against my
chaplain for licensing this book, and that his Lp. refused it.'
If the Ld. Keeper Coventry refused his bill, I believe, were
he living, he would assign just cause why he did it. But
whatever cause he had, it concerns not me, that he rejected
the bill. Mr. Pryn says further, 'that this book of Sales'
was printed heretofore, but purged first by Dr. James ; but
licensed now by Dr. Haywood, not according to that purga
tion, but with all the points of Popery in.' For this he
produces Mr. Oakes, whose son printed it. And says further,
' that his corrector at the press found fault with some pas
sages, and thereupon he was sent to Dr. Haywood, who
returned answer (as they say) that if he licensed it, he would
justify it. And that his son told him this V First, my Lords,
this under-testimony of Mr. Oakes produced by Mr. Pryn,
is nothing but a hearsay from his son, who is now dead, and
cannot be examined, and while he was living ran away and
would not be examined. Secondly, this was a most notable
piece of villany practised against my chaplain, and through
his sides against me. It was thus, my Lords : Whether the
1 ['enough,' in margin.] 2 [' and other . . . them ' in margin.]
i "In bono opere Deo acceptabili, " Quamvis utmmque simul, qui loqui-
fides et charitas distinguuntur, non tur, faciat."]
scparantur." ' [See Laud's Letter in Hist, of
r " Qui loquitur, sirnul facit vocem Chancellorship, Works, vol. v. p. 167.]
et verbum." — St. Aug. lib. i. de Gen. l [See Prynne's account of this busi-
ad Lit. cap. 15. [Op., torn. iii. col. 215 ness, Cant. Doom, pp. 186, 187.]
B. S. Augustine's exact words are : *
OF ARCHBISHOP LAUD. 287
bill were rejected or no, I cannot tell; but the complaint of Die Deci-
printing this book came publicly into the Star-Chamber. m
And then was the first time that ever I heard of it. I then
humbly desired their Lps. that Dr. Haywood might answer
whatever he had done amiss, either there or where they
pleased. The court presently commanded Mr. Attorney
Bankes to call all parties before him, examine them thoroughly,
and then give his account what he found, that the court
might proceed further according to justice. Dr. Haywood
appeared, and showed Mr. Attorney how he had corrected
Sales in all Popish points before he licensed it. But young
Oakes, and he which brought Sales to be licensed (who was
then thought to be some Jesuited recusant, and, as I remem
ber, lodged for that time of printing, in Oakes his house u),
ran both a^ay, or hid their heads, and would not be found.
And this was a mere plot of this recusant, if not priest, to
have Sales printed, with all his points of Popery in him, to
work mischief to my chaplain and myself. And young Oakes
was in all likelihood well paid for his pains. This account
Mr. Attorney brought into that court, and this relation Dr.
Haywood (who I obtained might be after sent for) attested
at this bar*.
One circumstance my old decayed memory mistook. For
I thought, and so at first told the Lords, that for this clamour
raised upon him in this way, I did soon after dismiss him my
house. But after, I found that he was gone out of my house
before. Howsoever I left him, without any mediation, to the
justice of the court. And here I may not forget that which
I then observed to the Lords, that whereas 'tis urged, that
many points of Popery have passed the press ; 'tis no wonder,
if such art be used as was here to get out Sales. And this
further is observable, that all these ' quotations of Popish
opinions/ mentioned here to fill up the noise, are out of four
or five books at the most, of which more are out of this Sales
364 than all the rest. "And called in he was, as soon as known.
Which Mr. Brown in the sum of his charge acknowledges."
u [His name was Burrowes. See to Lord Wentworth (afterwards Earl
Laud's Letter mentioned above, note s.] of Straff brd). (Straffbrd's Letters, vol.
x [This statement agrees with what ii. p. 74.)]
is mentioned in a letter from Garrard
288 HISTORY OF THE TROUBLES AND TRIAL
Die Deci- 2. After Sales, the next instance was in a book intituled,
mo-sexto. , Christ's Epistle to the devout Reader >V Four particular
points were urged out of this : but neither I nor my chaplains
had aught to do with it. For it was licensed at London-
House by Dr. Weeks. Nor was there ever any complaint
brought to me to have it called in : nor was any such proof
so much as offered.
(200) 3. The third instance was of a book called 'The
Female Glory z/ where Mr. Pryn (who is single again) said
that ' Dr. Heylin answered Mr. Burton, and justified all the
passages in this book.' And added, 'that this was by my
direction.' But upon my motion at the bar concerning the
boldness of this oath, Mr. Pryn recalled himself, and said
that I appointed him to answer Mr. Burton. But it is one
thing to appoint him to answer Mr. Burton : and another to
direct him to justify all passages in the 'Female Glory/
4. The fourth instance was in a letter sent to me from one
Croxton, a young divine in Ireland a. He was bred in
St. John's College in Oxford. At the Lord Mount-Norris b
his entreaty, I sent Croxton into Ireland to be his chaplain.
If he miscarried there, I could not help it, nor hinder his
writing of a letter to me, nor prescribe what he should write
in it. But, to my remembrance, I never heard of any mis
carriage of his in matter of religion. And whether he be
living or dead, I know not. That letter indeed hath a cross
y [Prynne gives the title of the book, ever been published. (Wood, Ath.
'An Epistle, or Exhortatory Letter Ox. iii. 33.)]
from Jesus Christ for every Faithful a [James Croxton Avas elected from
Soul devoutly affected,' and says that Merchant Tailors' School to S. John's,
the author was John Lanspergius, a Oxford, in 1622. (Wilson, Merchant
Carthusian. (Cant. Doom, pp.186, Tailors' School, p. 1193.) He is men-
188.)] tioned several times in the corre-
'• [' The Female Glory; or, the Life spondence of Archbishop Laud and
of the Virgin Mary,' was published Lord Straffbrd. He took an active
by Anthony Stafford in 1635. In the part in opposing the Irish Articles in
second edition it was entitled, 'The the Irish Convocation of 1634. His
Precedent of Female Perfection ; or,' letter mentioned in the text, which
&c. It was attacked b}r Henry Burton, speaks of his practice in inviting his
in his sermon entitled, ' For God and people to confession, is given in
the King,' pp. 123 — 125, and was dc- Prynne ^Cant. Doom, pp. 194, 195).
fended by Heylin in his ' Brief and On his leaving Lord Mountnorris ne
Moderate Answer to Henry Burton,' was taken under the patronage of
pp. 123, 124. Wood mentions that he Lord Strafford and Bishop Bramhall.
had seen in MS. ' A just Apology and (Bramhall's Works, vol. i. p. Ixxxiii.)]
Vindication of a Book entitled, " Tho h [Francis Annesley, created Baron
Female Glory," ' by Stafford himself, Mountnorris in 1628.]
but he did not know whether it had
' OF ARCHBISHOP LAUD. 280
at the top of it. But then was another letter of his showed Die D^ci-
without a cross, in which he calls Rome monstrum abominan- l
dum. Howsoever, I conceive all this is nothing to me c.
5. The fifth instance was a book, which they said was
licensed by Dr. Weeks. And if so, then not by my chaplain.
Eut upon perusal, I find no licence printed to it, nor to any
of the other, but only to Sales', which is answered.
6. The sixth instance was in Bp. Mountague's books, the
Gaggd, and the Appeal6. Here they said that ' Dr. White
told Dr. Featly that five or six bishops did allow these books/
Bat he did not name me to be one of them. Then Mr. Pryii
urged upon his oath, 'that these books were found in my
study/ And I cannot but bless myself at this argument.
For, I have Bellarmine in my study f; therefore I am a Papist :
or, I have the Alcaron in my study ; therefore I am a Turk ;
is as good an argument as this : I have Bp. Mountague's books
in my study ; therefore I am an Arminian. May Mr. Pryn
have books in all kinds in his study, and may not the Archbp.
of Canterbury have them in his ? Yea, but he says, ' there
is a letter of the bishop's to me, submitting his books to my
censure?/ This letter hath no date ; and so belike Mr. Pryn
thought he might be bold both with it and his oath, and
apply it to what books he pleased. But, as God would have
it, there are circumstances in it as good as a date. For 'tis
therein expressed, that he was now ready to remove from
Chichester to Norwich ; therefore, he must needs speak of
submitting those his books to me, which were then ready to
be set out, which were his Origincs Ecclesiastic^, not the
c [Laud, in his letter to Strafford, commonly called Archbishop Marsh's
July 20, 1638, expressly states his dis- Library, Dublin, copiously annotated
appi-oval of Croxton's conduct in the in his own hand. The volumes origi-
matter of confession.] nally belonged to Bishop Stillingfleet,
d [The title of the book is, ' A Gagg whose whole library was purchased by
for the New Gospel? No, a New Archbishop Marsh. These notes of
Gagg for an Old Goose, &c. London, Archbishop Laud are referred to by
1624.'] Bishop Stillingfleet in the Preface to
e [The title of the book is, 'Appello his Discourse on the Idolatry of the
Caesarem, a just Appeal from two un- Church of Rome.]
just Informers. London, 1625.' The * [This letter is recorded in Prynne,
proceedings against Montagu are no- Cant. Doom, p. 351, who mentions
ticed in the Notes to the Diavy, that it was received by the Arch-
Works, vol. iii. pp. 167, 178, 180, bishop, March 29, 1638, thus bearing
182.] out the statement below in the text.]
{ [The copy of Bellarmine's works h [This was the second part of the
which belonged to Archbishop Laud ' Origines Ecclesiasticse/ which was
is now in the library of S. Sepulchre's, published in 1640, the first part having
LAUD. — VOL. iv.
290 HISTORY OF THE TROUBLES AND TRIAL
Die Peci- Gagg, nor the Appeal, which are the books charged, and 3G5
xto* which were printed divers years before he was made a bishop ;
and my receipt endorsed upon it is Mar. 29, 16381. And
I hope Mr. Nicolas will not call this ' the colour of an answer,'
as he hath called many of the rest given by me.
7. The seventh instance was in a book licensed by Dr.
Martin1, then my chaplain in London-House k. ' This book/
Mr. Pryn says, * was purposely set out to countenance Armi-
iiianism, as if it had been some work of moment, whereas it
was answered twice in the Queen's time1/ If Dr. Martin
did this, 'tis more than I remember ; nor can I so long after
give any account of it. But Dr. Martin is living, and in
town, and I humbly desired he might be called to answer.
He was called the next day, and gave this account.
The account is ivantiny ; a space™ left for it, but not filled up.
Mr. Pryn says further, ' that after this he preached Ar-
minianism at S. Paul's Cross/ Why did not Mr. Pryn come
then to me, and acquaint me with it ? which neither he nor
any man else did. And I was in attendance at court, whither
I could not hear him. And the charge which came against
him upon the next day's hearing, was this and no more, —
' that one then preached at the Cross universal redemption /
but he that gave testimony knew him not; only he says,
' one told him 'twas Dr. Martin V
1 ['and my receipt . . . 1638.' in margin.]
2 [' And the charge . . . Dr. Martin.' on opposite page.]
appeared in 1636. It appears from godly English Bishops, holy Martyrs,
Montagu's letter that the portion of the and others, concerning God's Elee-
book which he submitted to the Arch- tion, and the Merits of Christ's Death ;
bishop's censure was that which re- set forth by I. A. of Ailward (a late
lated to the sacrifice of the altar.] Seminary Priest); and printed for
5 [Dr. Martin was Master of Queens' Samuel Nealand. 1631.]
College, Cambridge, Rector of Hough- ' [Prynne asserts that this book was
ton Conquest and of Dinnington, and written by Champneys, and that it
Dean of Ely. He suffered severely was answered by John Veron and
during the Rebellion, and died in Au- Eobert Crowley. (Cant. Doom, pp.
gust, 1661. A long account of his 168, 169.) Crowley 's answer is men-
sufferings is given in Lloyd's Me- tioned under his name by Wood, (Ath.
moirs, and Walker's Sufferings. The Ox. i. 544.)]
Archbishop bequeathed him by his m [This space is a very short one,
will his ' ring, with a hyacinth in it.'] only leaving room for a single word,
k [The book licensed by Dr. Martin unless the Archbishop meant to write
was, ' An Historical Narrative of the on the opposite page.]
Judgment of some most learned and
OF ARCHBISHOP LAUD. 291
8. The last instance was ' of a Bible commonly sold, with Die Deci-
a Popish table at the end of it V This is more than I know, m°-sexto-
or ever heard till now ; nor was any complaint ever brought
to me of it. And I cannot know all things that are done
abroad for gain ; for that will teach them to conceal, as well
as move them to act. Yet one of the (201) Popish heads
mentioned in that table was confirmation, which is com
manded in our Church Liturgy, and ratified by law.
Here this day ended0, and I was ordered to appear again Julii 4.
July 4. That day I received a note, under Mr. Nicolas his
hand, that they meant to proceed upon the 8, 9, 10, 11,
12, and 14th Original Articles, and the sixth and seventh
Additionals. The last warrant for other Articles came under
Sergeant Wild's hand, and Mr. Nicolas signing this, it seems,
mistook • for the eighth and ninth Original Articles are in
part proceeded on before. Now they go forward with these,
and then on to the rest, which I will write down severally as
they come to them1.
The same day, being Thursday, all my books at Lambeth
were, by order of the House of Commons, taken away by
Mr secretary to the Eight Honourable the E. of
Warwick, and carried I know not whither, but are (as 'tis
commonly said) for the use of Mr. Peters P. Before this time,
some good number of my books were delivered to the use of
the Synod, the ministers which had them giving no catalogue
under their hands, which or how many they had. And all
this was done contrary to an order of the Lords, bearing date
Novemb. 9, 1642, for the safe keeping of my books there q;
and before I was convicted of any crime. This day also
I received an order, which put off my hearing to the next
clay.
1 [' The last warrant . , . them.' on opposite page.]
n [See this point urged by Prynne, Dr. Featly, Dr. Clerke, and the rest of
(Cant. Doom, pp. 243, 244.)] the books that were given in evidence
0 [The following order was made at this day against the Archbishop of
the afternoon sitting of the House of Canterbury, with the expungings ;
Lords :— and deliver their judgments, whether
" Die Jovis, 27° die Junii, post me- they are fit to be printed with the
ridiem. expungings."]
" Ordered, that Mr. Marshall, Mr. P [See above, p. 66, note m.]
Herle, Mr. Vynes, and Mr. Chambers, i [See Diary at that date, Works,
are to view and peruse the sermons of vol. iii. p. 247.]
TJ 2
292 IIISTOIIY or THE TROUBLES AND TRIAL
CAP. XXXIX. 306
THE SEVENTEENTH DAY OF MY HEARING.
I. THIS day I appeared again ; and the first charge against
Julii 5, me was, ' that I had preferred none to bishoprics,, deaneries,
Friday. prebends, 'and benefices, but men popishly affected, or other-
^e. wise unworthy/ And some they named.
septimo. 1. As first, Dr. Manwaring, < disabled by the Parliament V
2. Secondly, Mr. Mountague, ( excepted against by Parlia-
mentV But for these no proof was now brought. They
referred themselves to what was said before0, and so do I.
And where they go to prove only by dockets, I desire it may
still be remembered that the docket is a full proof who gave
order for drawing the bill at the Signet Office ; but no proof
at all who procured the preferment.
3. Thirdly, Bishop Corbet d. But the Earl of Dorset0 got
my Ld. Duke of Buckingham to prefer him, to make way for
Dr. Duppa, his deserving chaplain, into Christ Church f.
Nor was anything charged against Dr. Corbet, but that he
was preferred by me.
4. Fourthly, Bp. Pierce °; against whom there was no proof
offered neither. And he is living to answer it, if any be.
5. Nor was there now any proof offered against Bp.Wrenh,
who was named also ; at the least, not till he was made a
• [See Works, vol. iii. pp. 207, 213.] Vice-Chancellor of Oxford, 1621—
b [Ibid, pp.167, 178, 180.] 1623. He was successively Dean of
c [See above, p. 273.] Chester and Peterborough, Bishop of
d [Richard Corbet, elected Bishop Peterborough, and Bishop of Bath
of Oxford Sept. 24, 1628, (not July and Wells. He has been already no-
30, 1629, as stated by Wood, Ath. Ox. ticed in connexion with the Becking-
ii. 594 ;) he was elected Bishop of Nor- ton case and the Book of Sports. See
wich April 7, 1632, and died in 1635.] above, pp. 121, 133.]
e [Edward Sackville.] h [Successively Bishop of Hereford,
f [Duppa became Dean of Christ Norwich, and Ely. He was during
Church, October 24, 1628. (Rymer, the great Rebellion imprisoned nearly
Feed. VIII. Hi. 28.)] twenty years. At the Restoration he
« [William Pierce first came into regained his Bishopric of Ely, and
public notice by opposing the Cal- died in 1667.]
vinistic party, during the time he was
OF ARCHBISHOP LAUD. 293
bishop. So if I did prefer him, it seems I did it when Die
nothing was laid against him. And if after he had his pre-
ferment he did anything unworthily,, that could not I foresee ;
and he is living to answer it.
6. The sixth was Bishop Lindsy1, a man known to be of
great and universal learning, but preferred by the then Lord
Treasurer Portland-), not by me. Him they charged with
Arminianism. The witnesses two : the first, Mr. Smart k;
he is positive. He was his fellow prebendary at Durham.
There was animosity between them. " And Smart not able
to judge of Arminianism." Secondly, Mr. Walker1, who
could say nothing but that he heard so much from some
ministers and Dr. Bast wick m. " So here is as learned a man
as Christendom had any of his time, debased in this great
and honourable court by ignorance and a hearsay ; and that
when the man is gone to that which should be his quiet, the
grave."
7. The seventh was Archbishop Neilen, a man well known
to be as true to, and as stout for, the Church of England
established by law as any man that came to preferment in it.
Nor could his great enemy, Mr. Smart, say anything now
against him but a hearsay from one Dr. Moor, of Win
chester0. And I cannot but profess, it grieves me much
to hear so many honest and worthy men so used, when
the grave hath shut up their mouths from answering for
themselves.
8. The next was Dr. Cosin, to be Dean of Peterbo
rough P. I named four of his Majesty's chaplains to him,
1 [Augustine Lindsell. See a fur- m [John Bastwick, of \vhom more
ther notice of him, vol. iii. p. 152.] in vol. vi.]
J [See above, p. 227, note s.] n [Richard Neile was successively
k [Peter Smart was collated to the Bishop of Rochester, Lichfield, Lin-
sixth stall in Durham Cathedral, Dec. coin, Durham, "Winchester, and Arch-
30,1609; and July 6, 1614, removed bishop of York. He died Oct. 31,
to the fourth. He had been deprived 1640.]
of his stall for a seditious sermon. At ° [This was Robert Moor, Preben-
the beginning of the Long Parliament dary of Winchester. Wood informs
lie was restored to his preferments, us that he had ' divers contests with
and in his turn presented articles Neile, his Diocesan, for his intro-
against Bishop Cosin. (Sec above, p. ducing certain ceremonies into the
40, note i.) He appears to have lived Cathedral at Winchester.' (Ath. Ox. ii.
till 1652. (Wood, Ath. Ox. iii. 40.) See 654.)]
Smart's testimony against Lindsell, P [Cosin was installed Dean of
Prynne, Cant. Doom, p. 360.] Peterborough, Nov. 7, 1640. Thapre-
1 [George Walker. See above, p. 82 .] ferments he held in the north were
294 HISTORY OF THE TROUBLES AND TRIAL
Die as he had commanded me. And the King pitched upon Dr. 367
septimo". Cosens, in regard all the (202) means he then had lay in and
about Duresm, and was then in the Scots' hands ; so that he
had nothing but forty pound a-year by his headship in Peter-
House to maintain himself, his wife, and children.
9. The ninth was Dr. Potter, a known Arminian, to the
deanery of Worcester i. "What proof of this ? Nothing but
the docket. And what of the crime? Nothing but Dr.
Featly's testimony,, who says no more but this, that Dr. Potter
was at first against Arminianism (that's absolute), but after
wards he defended it, as he hath heard : (there's a hearsay.)
10. The tenth was Dr. Baker'.
11. The eleventh, Dr. Weeks8. Both very honest and able
men, but preferred by their own lord, the Ld. Bishop of
London.
12. The twelfth was Dr. Bray t. He had been my chaplain
above ten years in my house. I found him a very able and
an honest man, and had reason to prefer him to be able to
live well; and I did so. Here is nothing objected against
him, but his expungiugs and not expungings of some books ;
which, if he were living, I well hope he would be able to give
good account for.
13. The thirteenth, Dr. Heylinu. He is known to be a
learned and an able man ; but for his preferment, both to be
his Majesty's chaplain and for that which he got in that
service, he owes it under God to the memory of the Earl of
Danby, who took care of him in the University.
14. After these they named some, whom they said I pre
ferred to be the King's chaplains. The witness here Mr.
Oldsworth, the Lord Chamberlain's secretary v. He says,
( the power and practice of naming chaplains was in the Lord
Chamberlain for these 25 years.' And I say, 'tis so still, for
the Archdeaconry of the East Riding, r [See above, p. 283.]
the Rectory of Brancepeth, and a stall s [See above, p. 239.]
in Durham Cathedral.] * [ See above, p. 85.]
* [Christopher Potter, Provost of ll [Ibid.]
Queen's College, Oxford, was ap- T [Michael Oldsworth, of Magdalen
pointed chaplain to the King, and College, appointed secretary to Philip
nominated to the Deanery of Worces- Earl of Pembroke and Montgomery
ter in the year 1635, from which he was in Oct. 1637. He had been pro-
removed to the Deanery of Durham viously secretary to William Earl of
in January 1645, but died before his Pembroke. (Strafford Letters, vol. ii.
installation. (Wood, Ath. Ox. iii. p. 115.) He was at this time M.P.
180.)] for Salisbury. (Wood, F. 0. i. 356.)]
OF ARCHBISHOP LAUD. 295
aught I know. He says, ' that in all things concerning Die
which the Lord Chamberlain's warrant went in this form, — ccimo-
j
' These are to will and require you, &c.,' that there his Lp.
did it without consulting the King ; and that the warrants for
chaplains run all in this form/ First, this is more than I
know or ever heard of till now. Secondly, be it so ; yet 'tis
hard to deny the King to hear men preach before they be
sworn his chaplains, "if his Majesty desire it, since it argues
a great care in the King, especially in such a factious time
as began to overlay this Church." Thirdly, he confesses,
' that he knows not who put the King upon this way ; but
believes that I did it.' He is single, and his belief only is no
evidence. "And whosoever gave the King that advice
deserved very well both of his Majesty and the Church of
England : that none might be put about him in that service
but such as himself should approve of. But that which
troubled this witness was another thing. He had not money
for every one that was made chaplain; nor money to get
them a month to wait in ; nor money to change their month,
if it were inconvenient for their other occasions ; nor money
for sparing their attendance, when they pleased. In which,
and other things, I would he had been as careful of his
lord's honour as I have been in all things. For 'tis well
known in court, I observed his Lp. as much as any man."
The men which are instanced in, are Dr. Heylin. But he
368 was preferred to that service by my Lord the E. of Daiibyx.
Then Dr. Potter. But the Ld. Keeper Coventry was his
means. Dr. Cosens was preferred by Bishop Neile, whose
chaplain he had been many years, and he moved the Ld.
Chamberlain for it. Dr. Lawrence * was my Ld. Chamber
lain's own chaplain, and preferred by himself; and in all
likelihood, by Mr. Oldsworth's means : for he was Fellow of
Magdalen College, in Oxford, as Mr. Oldsworth himself was,
and he once (to my knowledge) had a great opinion of him.
Dr. Hay wood2, indeed, was my chaplain; but I preferred
1 [Heylin's original appointment Professor of Divinity. It does not
as King's chaplain is preserved in appear from Wood's account (Ath.
MS. Bawl. Miscell. 353. (Wood, Ath. Ox. iii. 437) that he was ever Fellow
Ox. iii. 568.)] of Magdalen College, as stated below.]
y [Thomas Lawrence, Master of * [See above, p. 210.]
Balliol College, and Lady Margaret's
296 HISTORY OF THE TROUBLES AND TRIAL
Die him not to his Majesty till he had preached divers times in
septimo. cour^ with great approbation; nor then, but with my Ld.
Chamberlain's love and liking. (203) As for Dr. Pockling-
tona, I know not who recommended him ; nor is there any
proof offered that I did it.
15. Then they proceeded to my own chaplains. They
name four of them : first, Dr. Weeks. 13 ut he was never in
my house, never meddled with the licensing of any books,
till he was gone from me to the Bishop of London : so he is
charged with no fault so long as he was mine. The second,
Dr. Hay wood. But he is charged with nothing but Sales,
which was a most desperate plot against him, as is before
showedb. The third was Dr. Martin c. Against him came
Mr. Pryn, for his Arminiaii sermon at S. Paul's Cross. But
that's answered before. And Mr. Walker d, who said, ' he
proposed Arminian questions to divers ministers.' Belike,
such as were to be examined by him. But he adds, ' as these
ministers told him.' So 'tis but a hearsay1. And say he
did propose such questions ; may it not be fit enough to try
how able they were to answer them ? The fourth was Dr.
Bray. Against him Dr. Featly was again produced, ' for that
which he had expunged out of his sermons/ But when I saw
this so often inculcated to make a noise, I humbly desired of
the Lords that I might ask Dr. Featly one question. Upon
leave granted, I asked him, Whether nothing were of late
expunged out of a book of his written against a priest6 ? and
desired him to speak upon the oath he had taken. He an
swered roundly, ' that divers passages against the Anabap
tists, and some in defence of the Liturgy of the Church of
England, were expunged.' I asked, By whom ? He said,
* By Mr. Rouse and the Committee/ or, ' By Mr. Rouse or
the Committee.' Be it which it will, I observed to the Lords,
that Mr. Rouse and the Committee might expunge passages
against the Anabaptists, nay, for the Liturgy established by
law, but my chaplains may not expunge anything against the
Papists, though perhaps mistaken.
1 [' But he adds, . . . hearsay.' in margin.]
• [See above, p. 266.] e [The Look referred to appears to
b [See above, p. 286.] be, ' Koma ruens, or an Answer to a
c [Sec above, p. 200.] Popish Challenge,' M'hich was pub-
d [See above, p. 293.] lished in 1644.]
OF ARCHBISHOP LAUD. 297
From thence they fell upon men, whom they said I had Die
preferred to benefices. They named but two. Dr. Heylin
was one again, whom I preferred not. The other was Dr.
Jackson, the late President of Corpus Christi College, in
Oxford f. Dr. Featly being produced, said, ( Dr. Jackson was
a known Arminian/ If so to him, 'tis well : the man is
dead, and cannot answer for himself. Thus far I can for him,
without meddling with any his opinions. He was very
honest and very learned ; and at those years he was of, might
deserve more than a poor benefice.
16. Here Mr. Pryn came in again, and testified very
boldly, * that I gave many benefices, which were in the gift
3C9 of the Master of the Wards : and all preferments, only to
such men as were for ceremonies, Popery, and Arminian-
ism.' For the first of these two, the business was thus :
there arose a difference between the then Ld. Keeper Coven
try and the Ld. Cottington, then Mr. of the Wards, about
the disposing of those benefices. It grew somewhat high,
and came to hearing by the King himself. His Majesty,
upon hearing, gave the right of sealing to the Ld. Keeper;
but for the time, till more might appear, reserved the giving
to himself, that he might have some of those lesser prefer
ments to bestow on such ministers as attended upon his navy
then at sea. I never gave any one of these benefices in my
life. And that this story is of truth, the Lord Cottington is
yet living, and can witness it. " And this very answer I gave
to Mr. Brown, who in summing up the charge laid this also
upon me, and without mentioning what answer I gave to
it1." For the second, ' that I preferred none but such men ;'
;Tis known I preferred Bishop Hall to Exeter £; Dr. Potter to
Carlisle11; Dr. Cook to Bristol1 first, and then to Hereford;
that I gave Dr. Westfield the Archdeaconry of S.Alban'sk;
1 ['And this very . . . it.' on opposite page.]
f [Dr. Thomas Jackson was, in ad- Norwich, Nov. 15, 1641.]
dition to his headship, Prebendary of h Dr. Barnabas Potter, consecrated
Winchester, Vicar of Witney, and Bishop of Carlisle, March 15, 1628.]
Dean of Peterborough. He was the ' [George Coke, elected Bishop of
well-known author of the Commenta- Bristol, Nov. 28, 1632, translated to
ries on the Creed, &c. (Wood, Ath. Hereford, June 18, 1636.]
Ox^ii. 664, seq.)] k [Nov. 14, 1631. Westfield was
K [Dr. Joseph Hall, elected Bishop in 1641 Bishop of Bristol.]
of Exeter, Nov. 5, 1627, translated to
298 HISTORY OF THE TROUBLES AND TRIAL
that I was Dr. Fell's means for Christ Church1; and Dr.
septimo, Higgs his for the Deanery of Lichfield m ; that I settled Dr.
Downing at Hackney11; and Mr. Herrick at Manchester0,
when the Broad Seal formerly given him was questioned;
that I gave two of my own benefices to Mr. Palmer? and
Mr. Taylor q, two of the now Synod; an hospital to Dr.
Jackson of Canterbury1; and a benefice to his son-in-law,
at his suit. I could (204) not name all these upon the
sudden, yet some I did; and no one of them guilty of this
charge in the least. " Mr. Brown in his summary said
'• I could name but one or two.' And when in my answer
made in the House of Commons I specified more, among
which Mr. Palmer was one"; Mr. Brown said in his reply,
' that Mr. Palmer had indeed his benefice of my giving, so
himself told him1; but it was at the entreaty of a great
nobleman/ Say it were : Mr. Palmer was then a stranger
to me ; somebody must speak, and assure me of his wants
and worth, or I cannot give. But if upon this I give it
freely, is it worth no thanks from him, because a nobleman
spake to me? Let Mr. Palmer rank this gratitude among
his other virtues."
17. From hence they stepped over into Ireland, and ob
jected ' my preferring of Dr. Chappel to be Mr. of the College
at Dublin V Here the first witness is Mr. Walker. He says,
1 [' so himself told him ;' in margin.]
1 [Appointed Dean of Christ Church, afterwards Fellow of All Souls, and
June 24, 1638.] Warden of Manchester. Subsequently
m [Griffin Higgs had been chaplain he sided with the Presbyterians, was one
to the Queen of Bohemia; on his of the Assembly of Divines, implicated
return to England he was appointed, in Love's plot, and assistant to the
by Laud's interest, Hector of Cliff, Commissioners in Lancashire for the
near Dover, Precentor of S. David's, ejection of scandalous ministers,
and in 1638 Dean of Lichfield. (Wood, (Wood, Ath. Ox. iii. 78.)]
Ath. Ox. iii. 479—481.)] P [Herbert Palmer, of Ash well.
n [Calibute Downing appears to Pie was afterwards Master of Queen's
have obtained Hackney in exchange College, Cambridge, in the room of
for West lisle y, Berks. Early in the Dr. Martin.]
Rebellion he advocated the doctrine i [Francis Taylor, of Yeldon.]
of resistance ; and at last, for his sedi- r [See above, p. 223.]
tious preaching, earned the title of s [William Chappell, of Christ's
'Hugh Peters the Second.' (Wood, College, Cambridge. In 1633 he was
Ath. Ox. iii. 106, 107.)] promoted to the Deanery of Cashel, in
0 [Richard Heyrick, (son of Sir W. 1634 to the Provostship of Trinity
Hey rick, a friend and correspondent College, Dublin, and in 1638 to t\i&
of Archbishop Laud, see Letters, vol. Bishopric of Cork. Articles of im-
vi.) of S. John's College, Oxford, and peachment were exhibited against
DF AKCKBISHOP LAUD. 299
that all his scholars were Arminians/ This is a great sign, Di<
De<
septimo.
but not full proof. He says, 'that Dr. Chappel was at Decimo
first fierce against them, but afterward changed his mind/
Dr. Featly said the like of Dr. Potter. Some say, Arminius
himself was at first zealous against those opinions, but study
ing hard to confute them, changed his own mind. ft Take
heed, Mr. Walker, do not study these points too hard." For
my own part, Dr. Chappel was a Cambridge man, altogether
unknown to me save that I received from thence great testi
mony of his abilities, and fitness for government, which that
college then extremely wanted l i . And no man ever com
plained to me, that he favoured Armmianism.
The other witness was Dr. Hoyle, a Fellow of the College
in Dublin11. He says, fthat the Doctor did maintain in
that college, justification by works; and in Christ Church,
370 Arminianism.' In this he is single. But if it be true, why
did not the Ld. Primate of Armagh punish him ? for he says
he knew it. ' That he opposed some things in the Synod/
And it may be there was just cause for it. Lastly, he says,
' the late Ld. Deputy liked not the Irish Articles ; but gave
them an honourable burial, as/ he says, ' the Ld. Primate
himself confessed V I am a stranger to all this ; nor doth
Dr. Hoyle charge anything against me ; but says, ' that they
which did this, were supposed to have some friend in Eng
land/ And surely their carriage was very ill, if they had
none.
18. Then ' were letters read of my Lord Primate's to me,
in which is testified my care of the patrimony of that
Church. And then a paper of instructions given by me to
the Lord Deputy at his first going into that kingdom/ For
1 [' which that . . . wanted/ in margin.]
him in 1641 ; but at length he was factious person. On the breaking out
permitted to visit England, where, of the Irish Rebellion, he retired to
after enduring a series of misfortunes, England, and became Vicar of Step-
he died Whitsunday (May 13), 1649. ney. He was appointed one of the
(Biogr. Brit.)] Assembly of Divines, Master of Uni-
1 [He was made Provost of Trinity versity College, and Regius Professor
College, Dublin, on the retirement of of Divinity at Oxford. (Wood, Ath.
Dr. Robert Ussher, whom Primate Ox. iii. 382, 383.)]
Ussher admitted to be incapable.] * [On the adoption of the English
u [Joshua Hoyle, originally of Mag- Articles by the Irish Convocation in
dalen Hall, Oxford ; Fellow of Trinity 1634, see Elrington's Life of Ussher,
College, Dublin, where he proved a pp. 173, seq.]
300 HISTORY OF THE TROUBLES AND TRIAL
Die the first; though it be thrust in here, among matters of
scptimo. religion, yet I pray your Lps. to consider, 'tis about the
patrimony of that Church only. And I thank them heartily
for producing it. For in this letter is a full confession of
my Ld. Primate's, that the motion of getting the impropria-
tions from his Majesty (formerly objected against me) pro
ceeded from him, as I then pleaded. And the letter was
read y. For the second ; my Ld. Deputy, a little before his
first going into Ireland, asked me what service I would com
mand him for the Church there ? I humbly thanked him,
as I had reason, and told him I would bethink myself, and
give him my thoughts in writing z. These are they which
are called ( Instructions.' They are only for the good of that
poor Church, as your Lps. have heard them. This was all ;
and herein my lord showed his honour, and I did but my
duty. " Though I very well understand, why this paper is
produced against me."
After this they proceeded to the eleventh Original Article,
which follows in h&c verba : —
11. He in his own person, and his suffragans, visitors, surro
gates, chancellors, or other officers by his command, have
caused divers learned, pious, and orthodox preachers of.
God's Word to be silenced, suspended, deprived, degraded,
excommunicated, or otherwise grieved and vexed, without
any just and lawful cause ; whereby, (205) and by divers
other means, he hath hindered the preaching of God's
Word, caused divers of his Majesty's loyal subjects to
forsake the kingdom, and increased and cherished igno
rance and profaneness among the people, that so he
might the better facilitate the way to the effecting of his
own wicked and traitorous design of altering and corrupt
ing the true religion here established.
1. The first instance to make good this Article, was a
repetition of some lecturers before named a. But when they
y [This, probably, is Abp. Ussher's following year.]
letter, which is numbered clxxii. in * [See Abp. Laud's letter to Straf-
Parr's Collection. It is by him placed ford, April 30, 1633.]
in 1632, but is by Dr. Elrington » [See above, pp. 232, seq.]
transferred to its proper place in the
OP ARCHBISHOP LAUD. 301
thought they had made noise enough, they referred the
Lords to their notes ; and so did I to my former answers. septimo.
2. The second instance was out of some Articles of Bp.
Mountague and Bp. Wrenn, and their account given to me.
Bishop Wrenn, Art. 16, speaks of the ' afternoon sermons
being turned into catechising/ And Art. 5, (of his Account,
371 I take it,) 'that no lecture in his diocese after V &c. It was
made plain to the Lords, that this was spoken of some single
and factious lecturers, and that they had their lectures read
by a company of learned and orthodox ministers by turns.
As appeared by the Monday sermon at Burye, during that
learned Bp/s time c. Nor were any forbid to preach in the
afternoon, so the catechising were not omitted, before it, or
with it. And the Bishop is living to answer it, if aught were
then done amiss by him. In all which he did nothing, as
any deputy or surrogate of mine, but as diocesan of the place.
As for the yearly account to the King, according to his
royal instructions in that behalf d; though it AY ere pressed
here again to multiply noise, yet nothing being new, I gave
my answer as before, and to that I refer myself.
3. The third answer was concerning Mr. Lee of Wolver-
hampton e. The evidence was a letter of my secretary,
Mr. Dell, written by my command, to my visitors there, to
this effect, ' That whether there were cause or no, they should
either punish Mr. Lee, or bring him into the High- Commis
sion.' Had the words or the sense been thus, they might
well say, ' It was hard for the judge before whom the party
was to answer, to write thus/ But I called to have the letter
read again, and the words were these, ' If there were found
against him that which might justly be censured, then they
should punish/ &c. And the reason why this strict care
was taken, was because the Dean of Windsor f his ordinary
complained unto me, that Mr. Lee's carriage was so factious
b [See the account of Bp. Wren, brother of Matthew Wren, Bp. of Ely,
•which appears to be referred to, in and father of Sir Christopher Wren)
Prynne's Cant. Doom, pp. 374 — 376.] was at this time Dean, having been
c [See ibid. p. 375.] installed April 4, 1635. The com-
d [See vol. v. p. 311.] plaint had probably been made by his
e [This case is enlarged upon in brother, whom he succeeded in this
Prynne's Cant. Doom, pp. 380,381, office. The Deaneries of Windsor and
who gives Dell's letter mentioned Wolverhampton were united by King
below.] Edward IV.]
{ [Christopher Wren (the younger
302 HISTORY OF THE TROUBLES AND TRIAL
Die there, that he could contain him in no order. If he e were a
man after this approved at Shrewsbury/ (as Mr. "Walker
witnesses,) I hope the proceedings at Wolverhampton did
him good1. But, my Lords, had it so fallen out, that my
secretary had forgotten my instructions, and himself too, and
expressed himself amiss, shall that slip of his (had it been
such) be imputed to me ? I believe your Lps. would not
willingly answer for every phrase of your secretaries' letters,
which yet you command them to write.
4. The last instance, ' was the sentence in the High-Com
mission against Mr. Barnard, for words about Pelagian
errors and Popery ^/ First, if he were sentenced in the
High-Commission, it was the act of the Court, and not mine;
as has been often said. Secondly, no proof is offered that he
was sentenced for those words only. Thirdly, the Recanta
tion (howsoever refused by him, as Mr. Pryn says it was)
makes mention of four points for which he was censured, of
which these words are one. But not the words themselves,
but his unjust and scandalous application of them to me,
which deserved them not. And lastly, Dr. Cumber, Master
of Trinity College in Cambridge11, was prosecutor against
him ; which office so grave and worthy a man would not
(I suppose) have undertaken, had there not been great and
just cause for it.
Hence they proceeded to the sixth Additional Article,
which follows in these words : —
That whereas divers gifts and dispositions of divers sums of
money were heretofore made by divers charitable and well-
disposed (206) persons, for the buying in of divers impro-
priations, for the maintenance of preaching the Word of
God in several churches ; the said Archbp., about eight 372
years last past, ivilfully and maliciously caused the said
1 [' If he were . . . good.' in margin.]
R [Nathaniel Barnard, Lecturer of his Sermon, as also his Recantation,"
S. Sepulchre's, London, who had been are given in Prynne's Cant. Doom,
previously convented in the High pp. 364 — 367.]
Commission Court, and had made his h [Thomas Comber, admitted Oct.
submission, was again convented for 12, 1631. He had been appointed
a Sermon preached by him at S. Dean of Carlisle in 1626. Lloyd
Mary's Church, Cambridge, May 6, (Memoirs, p. 447) speaks highly of
1632. The objectionable passages of his learning and attainments.]
OF ARCHBISHOP LAUD. 303
gifts, feoffments, and conveyances, made to the uses Die
aforesaid, to be overthrown in his Majesty's Court o/
Exchequer, contrary to law, as things dangerous to the
Church and State, under the specious pretence of buying
in appropriations; whereby that pious work was sup
pressed and trodden down, to the great dishonour of God,
and scandal of religion.
This Article is only about the feoffments. That which
I did was this. I was (as then advised upon such informa
tion as was given me) clearly of opinion, that this was a
cunning way, under a glorious pretence, to overthrow the
Church Government, by getting into their power more de
pendency of the clergy, than the King, and all the Peers, and
all the Bishops in all the kingdom had. And I did conceive
the plot the more dangerous for the fairness of the pretence ;
and that to the State, as well as the Church. Hereupon, not
' maliciously/ (as 'tis charged in the Article,) but conscien
tiously I resolved to suppress it, if by law it might be done.
Upon this, I acquainted his Majesty with the thing, and the
danger which I conceived would in few years spring out of
it. The King referred me to his Attorney and the law.
Mr. Attorney Noye, after some pause upon it, proceeded in
the Exchequer, and there it was by judicial proceeding and
sentence overthrown. If this sentence were according to
law and justice ; then there 's no fault at all committed. If
it were against law, the fault, whatever it be, was the judges',
not mine ; for I solicited none of them. And here I humbly
desired, that the Lords would at their leisure read over the
sentence given in the Exchequer {, which I then delivered in;
but by reason of the length it was not then read. Whether
after it were, I cannot tell. I desired likewise, that my
Counsel might be heard in this, and all other points of law.
1. The first witness was Mr. Kendall k. He says, that
speaking with me about Presteeii, ' I thanked God that I had
overthrown this feoffment.'
2. The second witness, Mr. Miller l, says, he heard me say,
5 Sir Leolin Jenkins hath a copy of k [' William Kendall.' — Prynne's
it out of the Records of the Exchequer. Cant. Doom, p. 388.]
— W. S. A. C. [See Rushwortk's Col- » [' Tempest Miller.'— Ibid.]
lections, vol. ii. pp. 151, 152.]
304 HISTORY OF THE TROUBLES AND TRIAL
Die * They would have undone the Church, but I have overthrown
scpUmo" ^icir feoffment.' These two witnesses prove no more than
I confess. For in the manner aforesaid, I deny not but
I did my best in a legal way to overthrow it. And if I did
thank God for it, it was my duty to do so, the thing being in
my judgment so pernicious as it was.
3. The third witness was Mr. "White, one of the feoffees m.
He says, ( that coming as counsel in a cause before me ;
when that business was done, I fell bitterly on him as au
undermirier of the Church/ I remember well his coming to
me as counsel about a benefice. And 'tis very likely I spake
my conscience to him, as freely as he did his to me ; but the
particulars I remember not ; nor do I remember his coming
afterwards to me to Fulham ; nor his offer ' to change the
men or the course, so the thing might stand/ For to this
I should have been as willing as he was ; and if I remember
right, there was order taken for this in the decree of the
Exchequer. And his Majesty's pleasure declared, that no 373
penny so given should be turned to other use. And I have
been, and shall ever be as ready to get in impropriatiqns, by
any good and legal way, as any man (as may appear by my
labours about the impropriations in Ireland). But this way
did not stand either with my judgment or conscience.
1. First, because little or nothing was given by them to
the pre (207) sent incumbent, to whom the tithes were due, if
to any ; that the parishioners which payed them, might have
the more cheerful instruction, the better hospitality, and
more full relief for their poor.
" 2. Secondly, because most of the men they put in, were
persons disaffected to the discipline, if not the doctrine too, of
the Church of England.
" 3. Thirdly, because no small part was given to school
masters, to season youth ab ovo, for their party; and to
young students in the universities, to purchase them and
their judgments to their side, against their coming abroad
into the Church.
"4. Fourthly, because all this power to breed and maintain
a faction, was in the hands of twelve men, who were they
never so honest, and free from thoughts of abusing this power,
ni [See above, p. 132, note?.]
OF ARCHBISHOP LAUD. 305
to fill the Church with schism, yet who should be successors, Die
mid what use should be made of this power, was out of
human reach to know."
5. Because this power was assumed by, and to themselves,
without any legal authority, as Mr. Attorney assured me.
He further said, 'that the impropriation of Presteen in
Radnorshire, was specially given to St. AntolinV in London11.'
I say the more the pity, considering the poorness of that
country, and the little preaching that was among that poor
people, and the plenty which is in London. Yet because it
was so given, there was care taken after the decree, that they
of St. Antolin's1 had consideration, and I think to the full,
He says, 'that indeed they did not give anything to the
present incumbents, till good men came to be in their places.'
Scarce one incumbent was bettered by them. And what
then ? In so many places not one fgood man' found? "Not
one factious enough against the Church, for Mr. White to
account him good?" Yet he thinks 'I disposed these
things afterwards to unworthy men/ "Truly, had they been
at my disposal, I should not wittingly have given them to
Mr. White's worthies." But his Majesty laid his command
upon his Attorney, and nothing was done or to be done in
these things, but by his direction. For Dr. Heylin, if he
spake anything amiss concerning this feoffment, in any ser
mon of his °, he is living to answer it ; me it concerns not.
"Mr. Brown in the sum of the charge omitted not this.
And I answered as before. And in his reply he turned
again upon it, that it must be a crime in me, because I pro
jected to overthrow it. But, under favour, this follows not.
For to project, (though the word ' projector' sound ill in Eng
land,) is no more than to forecast and forelay any business.
1 [' St. Antolin's ' written in both places ' S. Antns.']
n [This impropriation was, after its at S. Mary's, Oxford, July 11, 1630, at
forfeiture, granted by King Charles I. the Act. The passage relating to the
to the Rector of Presteign for ever. feoffees will be found in Prynne,
This grant was revoked during the (Cant. Doom, p. 386,) who transcribed'
Rebellion, but confirmed by King it from a MS. copy of the Sermon in
Charles If. at the beginning of his Abp. Laud's study; and in Heylin,
reign.] (Cypr. Ang. p. 199, Lond. 1671,) who
0 [The Sermon to which reference appears in his turn to have transcribed
is here made, was preached by Heylin it from Prynne.]
LAUD. — VOL. iv.
306 HISTORY OF THE TROUBLES AND TRIAL
Die Now as His lawful for me, by all good and fit means, to
sepUmo project the settlement of anything that is good ; so is it as
lawful by good and legal means, to project the overthrow of
anything that is cunningly or apparently evil. And such did
this feoffment appear to my understanding, and doth still." 374
As for reducing of impropriations to their proper use, they
may see (if they please) in my Diary (whence they had this)
another project to buy them into the Church's use P. For
given they will not be. But Mr. Pryn would show nothing,
nor Mr. Nicolas see anything, but what they thought would
make against me.
Here this day ended q, and I was commanded to attend
Julii 15. again, July 15. But was then put off to July 17, which day
held.
p [See vol. iii. p. 255.] Dr. Martin, who were in prison by
q [It appears, by the Lords' Jour- order of the House, might be wit-
nals, that the Archbishop desired nesses for him, and that the request
this day, that Dr. Haywood and was granted.]
OF ARCHBISHOP LAUD. 307
CAP. XL.
THE EIGHTEENTH DAY OF MY HEARING.
THIS day they charged upon me the twelfth Original Julii 17,
Article, which follows in these words: — Wednes
day.
He hath traitorously endeavoured to cause division and^>'lQ.
discord between the Church of England and other Re- octavo.
formed (208) Churches ; and, to that end, hath suppressed
and abrogated the privileges and immunities ivhich have
been by his Majesty and his royal ancestors granted to
the French and Dutch Churches in this kingdom; and
divers other ways hath expressed his malice and disaffec
tion to those Churches ; that so, by such disunion, the
Pa2rists might have more advantage for the overthrow and
extirpation of both.
The first charge is, ' that I deny them to be a Church :' for I.
they say, ' that I say plainly in my book against Fisher, that
No Bishop, no Church3. Now 'tis well known they have no
Bps., and therefore no Church/ The passage in my book
is an inference of St. Jerome's opinion, no declaration of my
own. And if they or any other be aggrieved at St. Jerome
for writing so, they may answer him. Mr. Nicolas added,
( that this was seconded by Bp. Mountague's bookb, which
Mr. Pryn' (carefully) 'witnessed was found in my study, and
licensed by Dr. Braye/ Is this argument come again, that
a Cont. Fisher, § 25, p. 176. [p. 194, per xflP°G€fffav Episcopalem ordina-
note u, ad fin. Oxf. 1849.] riain. . . Nam quod praetendunt ordi-
b [" Hoc ipsum officium et munus nariam vocationem retinendam, adhi-
in Ecclesia, sive Apostolicum, seu sa- bendam, eique adhserescendum, nisi
cerdotale, adeo esse de necessitate in casu necessitatis, absurdum est. . .
salutis ordinaria, ut sine altero alte- Neque enim tails casus aut exlitit
rum esse nequeat. Non est sacerdo- aliquando, aut contingere potest."—
tium nisi in Ecclesia, non est Ecclesia Rich.] Mounta. Origi. Eccles. p. 464.
sine sacerdotio. lllud autein intelligo [Lond. 1640.]
x 2
308 HISTORY OF THE TROUBLES AND TRIAL
Die Bp. Mountague's book was found in my study ? et Leave it,
octavo. for shame." But they have now left me never a book in my
study; so I cannot make them any fuller answer, without
viewing the place, than themselves help me to by their own
confession. Which is, that he adds this exception, that none
but a Bishop can ordain, but in casu necessitatis, which is the
opinion of many learned and moderate divines. " Yet this is
very considerable in the business, whether an inevitable
necessity be cast upon them, or they pluck a kind of neces
sity upon themselves."
II. The second charge is out of a letter of mine to Bishop
Hall, upon a letter which he had formerly sent me; in which,
it seems, ' is something about the case of necessity in point of
ordination, which,' they say, ( I disliked/ And it seems
I disliked upon good ground. For he had given me power 375
under his hand to alter what I would in that which he sent
unto me. I would not take that power, but writ back to him
what passages I thought might be better expressed, if it
could agree with his judgment also. Hereupon he sent me
another letter, of Jan. 18, 1639C, in which he altered those
things which I put to his further consideration. Could any
thing be more fairly carried ? And this letter was read to
the Lords. Yea, but they say, ' I disliked the giving of this
title Antichrist to the Pope/ No, I did not simply dislike it,
but I advised Bp. Hall, if he thought it good, not to affirm
it so positively d. And the reason I gave was this : that
King James being pressed upon a great occasion that he had
maintained ' that the Pope was Antichrist/ which might
much trouble, if not quite cross, some proceedings much
desired by that prudent king; his Majesty made answer:
' I maintain it not as a point of faith, but as a probable
opinion ; and for which I have more grounds than the Pope
hath for his challenge of temporal power over princes. Let
him recall this opinion, and I'll recall that0/ This I writ to
the Bp., but left him free to do what he pleased.
Here Mr. Nicolas fell extreme foul upon me, insomuch
c [This letter is preserved in Spanish match was in contemplation.
Prynne's Cant. Doom, p. 275.] But he had already used the same
d [See Abp. Laud's letter to Bp. argumentum ad liominem in his con-
Hall, Jan. 14, 1639.] troversy with Cardinal Bellarmine.
c [The Archbishop mentions that See the ' Praefatio Monitoria,' pp. 142,
the King made this reply when the 143. Loud. 1610.]
OF AECHBISHOP LAUD. 309
that I could not but wonder at their patience which heard Die
him. Among other titles bestowed on me, many and gross,
he called me over and over again, ' pander to the whore
of Babylon/ I was much moved; and humbly desired
the Lords, that if my crimes were such as that I might not
be used like an Archbishop, yet I might be used like a
Christian : and that, were it not for the duty which I owe to
God and my innocency, I would desert my defence, before
I would endure such language in such an honourable pre
sence. Hereupon some Lords showed their dislike, (209)
and wished him to leave, and pursue the evidence.
" Mr. Brown, in summing up the charge, made this a great
matter, ' the denial of the Pope to be Antichrist/ But I did
not deny it, nor declare any opinion of my own : and many
Protestants, and those very learned, are of opinion that he is
not. 'Tis true I did not, I cannot, approve foul language in
controversies. Nor do I think that the calling of the Pope
' Antichrist/ did ever yet convert an understanding Papist.
And sure I am, Gabriel Powells peremptoriness (to say no
worse) in this point, did the Church of England no good, no
honour in foreign parts : for there he affirms, ' that he is as
certain that the Pope is Antichrist, as that Jesus Christ is the
Son of God and Redeemer of the world V As for the thing
itself, I left it free to all men to think as their judgment
guided them : as appears by the licensing of Dr. Featly's
Sermons, where he proves the Pope, in his opinion, to be Anti
christs. Where he calls him also the c Whore of Babylon11/
which surely I should never have suffered to be printed, had
I been her ' pander/ And for Bp. Hall, I only told him
what King James had said, and left him to make what use
he pleased of it."
The third charge was out of a paper, which Bp. Hall, about III
the time when he wrote his book in defence of Episcopacy,
sent unto me, containing divers propositions concerning
episcopal government ; in which either he or I, or both say,
376 (for that circumstance I remember not,) ' that Church
f "Tarn certo scio Papam esse mag- Epist. ad Lectorem. [Lond. 1605.]
num ilium Antichristum, quam Doum s Dr. Featly's [Claris Mystica,] Ser-
ipsum esse in ccelis Creatorcm,et Je- mon [lx.] p. 808. [Lond. 1636,]
Mini Christum vcruni Messiam."— Gab. '' P. 810.
Pow. [Disput, Thcol.] do Antichristo.
310
HISTORY OF THE TROUBLES AND TRIAL
government by Bishops is not alterable by human law1/ To
Die
octavo. this I answered, that Bishops might be regulated and limited
1 [The following are the Proposi
tions, as given by Prynne, (Cant.
Doom, pp. 237, 238.) The passages
in italics, as also the headings, were
(according to Prynne) additions or
corrections of the Archbishop.
" Concerning Church-government,
and the estate of Episcopacy : —
" 1. God had never any Church
upon earth that was ruled by a pai-ity.
" 2. The first Church of God, which
was reduced to a public policy, was
among the Jews, and, by His own ap
pointment, was governed by a settled
imparity of High Priest, Priests, Le-
vites.
"3. The Evangelical Church was
founded by our Saviour in a known
imparity; for though the Apostles
were equal among themselves, yet
they were above the Seventy and all
other disciples, and were specially in
dued with power from on high.
" 4. The same God and Saviour, after
his ascension, did set several ranks
and orders of the holy Ministry : first,
Apostles; secondly, Prophets; thirdly,
Teachers, &c. ; all which acknow
ledged the eminence and authority of
the Apostles.
" 5. The Apostles, after the ascen
sion of our Saviour, by the direction
of God's Spirit, did exercise that
power and superiority of spiritual ju
risdiction over the rest of the Church,
which was given them by Christ, and
stood upon their majority above all
other ministers of the gospel.
" 6. The same Apostles did not
carry that power up to heaven with
them, and leave the Church unfur-
nic'hed with the due helps of her fur
ther propagation and government ;
but, by virtue of this power, and by
the same direction of God's Spirit,
ordained in several parts spiritual
guides and governors of God's people,
to aid and succeed them.
" 7. The spiritual persons so by
them ordained were at the first pro
miscuously called Bishops and Pres
byters, and managed the Church af
fairs, by common advice, but still
under the government of the Apostles,
their ordainers and overseers.
"8. But when the Apostles found
that quarrels and emulations grew in
the Church, even while many of them
were living, through the parity of
Presbyters, and side-takings of the
people ; the same Apostles, by the ap
pointment and direction of the same
Spirit, raised in each city where the
Church was more frequent, one
amongst the Presbyters to a more
eminent authority than the rest, to
succeed them in their ordinary power
of ordination and censure, and en-
charged them peculiarly wit h the care
of Church-government. Such were
Timothy and \Titus, and those which
were styled the Angels of the seven
Asian Churches.
" 9. These selected persons were
then and ever since distinguished
from the rest by the name Episcopi —
Bishops.
" 10. In the very times of the Apo
stles, and by the imposition of their
hands, there were divers such persons
settled in the Church of God, being
severally ordained and appointed to
the oversight of those populous cities
where their charge lay, to whom all
the Presbyters and Deacons were sub
ject.
"11. These Bishops continued their
fixed superiority over their clergy all
the time of their life, with the well-
allowed express of spiritual jurisdic
tion ; and after their death other Pres
byters were chosen to succeed them"
(Bp. Hall, according to Prynne, had
originally written, ' were succeeded by
others of their own order and degree ;')
" by the due imposition of the hands
of their fellow-Bishops.
" 12. There was no Church of Christ
upon earth, ever since the times of the
Apostles, governed any otherwise than
by Bishops, thus successively (after
decease) ordained.
" 13. This course of government,
thus set by the Apostles in their life
time, by the special direction of the
Holy Spirit, is not alterable by any
human authority, but ought to be per
petuated in the Church to the end of
the world.
" 14. Those which in the New Tes
tament are called the Elders of the
Church, were no other than spiritual
persons, such as had the charge of
feeding the flock of Christ by word
and doctrine.
" 15. It is not lawful for any lay
person to lay hands on those which
arc to be ordained, nor to have any
OP ARCHBISHOP LAUD. 311
by human laws, in those things which are but incidents to Die
their calling ; but their calling, as far as it is jure divino, by
divine right, cannot be taken away. They charge further,
( that I say this is the doctrine of the Church of England/
And so I think it is. For Bp. Bilson set out a book in the
Queen's time, intituled, ' The Perpetual Government^.' And
if the government by Bishops be perpetual, as he there very
learnedly proves through the whole book, it will be hard for
any Christian nation to out it. Nor is this his judgment
alone, but of the whole Church of England. For in the
preface to the Book of Ordination, are these words : ' From
the Apostles' time, there have been three orders of ministers
in the Church of Christ, bishops, priests, and deacons V
Where 'tis evident, that in the judgment of the Church of
England, episcopacy is a different, not degree only, but order,
from priesthood, and so hath been reputed from the Apostles'
times. And this was then read to the Lords. And the law
of England is as full for it as the Church. For the statute
in the eighth of the Queen1, absolutely confirms all and
every part of this Book of Ordination. Where also the law
calls it, ' the high estate of prelacy.' And Calvin (if my old
memory 'do not fail me), upon those words of St. John, ' As
my Father sent Me, so send I you™,' &c., says thus upon that
place, Eandem illis imponit personam ac idem juris assignat".
And if our Saviour Christ put the same person upon the
Apostles, and assigned to them the same right, which His
Father gave Him, it will prove a sour work to throw their
successors the Bishops out of the Church, after sixteen hun
dred years' continuance. " And in the meantime cry out
against innovation." For either Christ gave this power to
His Apostles only ; and that will make the gospel a thing
temporary, and confined to the Apostles' times : or else He
gave the same power, though not with such eminent gifts, to
their successors also, to propagate the same gospel to the end
hand in managing the censures of the Church of England, concerning these
Church, which only pertain to them points of Church-government."}
who have the power of the keys deli- j Bishop Bilson's Perpetual Govern-
vered to them by Christ. ment. [4 to. Lond. 1593.]
"16. There was never any lay Pres- k Book of Ordination, Preface,
byter heard or read of in the Church ' 8 Eliz. c. 1. [§ 3.]
of Christ in any history, until this m S. John xx. 21.
present age. All which we declare to n Calvin, ibid. [Op., torn. vi. par. ii.
he the doctrine1 and judgment of the p. 177. Amst. 1(567.]
312 HISTORY OF THE TROUBLES AND TRIAL
Die of the world, as St. Paul tells us he did1, Ephes. iv.° Now
octavo. ail the primitive Church all along, gives Bishops to be the
Apostles' successors ; and then it would be well thought on,
what right any Christian state hath (be their absolute power
what it will) to turn Bishops out of that right in the Church
which Christ hath given them2.
IV. The fourth charge was an alteration made in a Brief, for
a third p collection for the distressed ministers and others in
the Palatinate. The Queen of Bohemia*1 was pleased to do
me the honour to write to me about this ; and because two
collections had been before, her Majesty desired that this
third might be only in London, and some few shires about it.
I, out of my desire to relieve those distressed Protestants, and
to express my duty to the Queen, became an humble suitor
to his Majesty, that this collection also might go through
England, as the rest had done. And 'tis acknowledged by
all, that this I did. Now the witnesses which accuse me for
some circumstances in this business are two.
(210) 1. The first is Mr. Wakerly \ He says, 'that Mr.
Ruly8' (who was employed by the Queen of Bohemia about
this collection) ' was roughly used by me upon occasion of
this clause put into the Brief, and which he says I caused to
be altered/ This, first, is a bold oath ; for Mr. Wakerly was
not present, but swears upon hearsay. Secondly, what kind- 377
ness I showed him and the business is mentioned before ; and
if for this kindness he had been practising with Mr. Wakerly
about the Brief (as I had probable reason to suspect), I can
not much be blamed if I altered my countenance towards
him, and my speech too ; which yet these witnesses (for the
other agrees in this) have no reason to call rough carriage,
only upon Mr. Ruly's unthankful report.
He says, that these words, ' the Antichristiaii yoke/ were
1 ['as St. Paul . . . did/ in margin.]
2 ['For either . . . them.' on opposite page.]
0 Ephes. iv. 11. James I., wife of Frederick V. Elector
i> [This was in 1635. See Abp. Palatine, elected in 1619 King of Bo-
Luud's Letter to his Suffragans, May hernia.]
8, 1635, in vol. vi. Collections had r [Secretary to Sir John Coke, Se-
beeupreviously ordered, June 17, 1618, cretary of State. (Prynne, Cant. Doom,
and Jan. 29, 162|. (Prynne, Cant. p. 391.]
Doom, p. 392.)] 3 [A Palatinate minister.]
'i [Elizabeth; daughter of King
Oi1 A11CHBISHOP LAUD. 313
left out l. First, this is more than I remember ; and the Briefs
I had not to compare ; nor is there any necessity, that two Deeimo-
Briefs coming for the same thing, with some years' distance octavo-
between, should agree in every phrase or circumstance.
Secondly, if I did except against this passage, it was partly
because of the fore-recited judgment of King James, of which
I thought his sou King Charles ought to be tender: and
partly, because it could move nothing but scorn in the common
adversary, that we should offer to determine such a contro
versy by a broad seal. I remember well, since I had the
honour to sit in this House, the naming of tithes to be due
jure divino, cast out the bill ; a prudent lord asking the peers,
whether they meant to determine that question by an Act of
Parliament? The other part of the clause which they say
was altered, was ' the religion which we with them profess :'
whence they infer, because f with them' was left out, that
I would not acknowledge them of the same religion ; which
follows not. For we may be, and are of the same religion ;
and yet ' agree ' not with them in those opinions in which we
differ from them. And Mr. Wakerly confesses, that the words
as altered, are, ( that they are persecuted for their religion ;'
and their religion is the Protestant religion, and so is ours.
And therefore I could have no intention to make the religions
different, but the opinions under the same religion.
" For Mr. Wakerly, he is a Dutchman born ; and how far
the testimony of an alien may be of force by the law, I know
not : and a bitter enemy to me he hath ever showed himself,
since I complained to the King and the Lords, that a stranger
born and bred, should be so near a Secretary of State, and
all his papers and cyphers, as he was known to be to Mr. Se
cretary Coke : a thing which few States would endure : and
how far the testimony of such a cankered enemy should be
admitted, let the world judge. Admitted he
1 [The passage said to have been these religious and godly persons being
altered by Laud, is given thus by involved amongst others their country-
Prynne (Cant. Doom, pp.263, 392): men, might have enjoyed their estates
" Whose cases are more to be deplored, and fortunes, if, with other backsliders
for that this extremity is fallen upon in the times of trial, they would have
them for their sincerity and constancy submitted themselves to the Anti-
in the true religion, which we together Christian yoke, and have renounced or
with them do profess, and which we dissembled the profession of the true
are all bound in conscience to maintain religion."]
to the utmost of our powers ; whereas
314 HISTORY OF TIIE TROUBLES AND TRIAL
r>ie 2. The second witness was Mr. Hartlip. ' He acknow-
ootavo.0 ledges my improvement of the collection, and my great readi
ness therein •' which doubtless I should not have showed, had
I accounted them of another religion. He says, ' there was
no alteration but in that clause, and that implies a manifest
difference/ But that is but in his judgment^ in which I have
already showed that Wakerly is mistaken, and so is he.
Beside, he comes here as a witness of the fact, not as a judge
of my intentions or thoughts !. He adds, l that, if he remember
well, the alteration was drawn by me/ But, if he do not
remember well, what then ? Surely here 's no evidence to
be grounded upon ' ifs/ Here upon the point of Antichrist,
Mr. Nicolas styled me as before, and was furious till he
foamed again ; but I saw a necessity of patience. " Mr. Brown
also, in his summary charge, followed this business close. 378
But I gave it the same answer."
The fifth charge, and the last under this article, was the
calling in of a book, an. 1637, showing the doctrine and dis
cipline of the Church in the Palatinate11; ' but called in only
because against Arminianism/ The single witness, Michael
Sparks. He says, (211) ' this book was called in/ but he knows
not by whom, nor mentions he for what. But he says, ' the
pursuivants which searched for it were mine/ He means
such as belonged to the High-Commission ; for other than
such I had none. And there was cause enough for calling
in the book, without thinking of Arminianism.
" But what is the reason, why here's nothing urged against
me, about abrogating the immunities and privileges of the
French and Dutch Churches, which fill the body of this
article ? Why, I conceive there may be two reasons of it.
One, because there was taken by Mr. Pryn, among other
papers for my defence, a letter under Queen Elizabeth's own
hand x, to the Ld. Pawlet, Marquis of Winchester, then Ld.
Treasurer, in which she expresses her willingness, that those
1 [' or thoughts.' in margin.]
u [The title of the book is, ' A De- swcr to the Scotch Articles. [It is not
claration of the Ffaltzgraves ; concern- in the answer to the Scotch Articles,
ing the Faith and Ceremonies professed but in the answer to the twelfth Origi-
iu his Churches. Lond. 1637.'] nalArticlc of the Commons of England.
1 See the letter above, in the An- Sec vol. iii. pp. 424, 425.]
01 ARCHBISHOP LAUD. 315
strangers, distressed in and for point of conscience, should Die
have succour and free entertainment ; but should conform
themselves to the English Liturgy, and have that translated
into their own language. And they knew, I would call to
have this letter produced, proved, and read. And had this
letter been stood unto, they had never been able to do the
Church of England half the harm they have since done.
The other was, because they found by their own search
against me, that all which I did concerning those Churches,
was with this moderation, that all those of their several con
gregations, in London, Canterbury, Sandwich, Norwich, or
elsewhere, which were of the second descent, and born in
England, should repair to their several parish churches, and
conform themselves to the doctrine, discipline, and liturgy of
the Church of England, and not live continually in an open
separation, as if they were an Israel in Egypt, to the great
distraction of the natives of this kingdom, and the assisting
of that schism which is now broke forth y. And as this was
with great moderation, so was it with the joint approbation
of his Majesty and the Lords of his Council, upon the reasons
openly given and debated : and all this before T proceeded to
do anything. As appears apud Act a."
Then they went to the tenth 1 Original Article ; which here
follows : —
He hath traitorously and wickedly endeavoured to reconcile
the Church of England with the Church of Rome, and for
the effecting thereof hath consorted and confederated
with divers Popish priests and Jesuits, and hath kept
secret intelligence with the Pope of Rome, and by himself,
his agents or instruments, treated with such as have from
thence received authority and instruction : he hath per
mitted and countenanced a popish hierarchy, or ecclesias
tical government, to be established in this kingdom. By
all which traitorous and malicious practices, this Church
and kingdom have been exceedingly endangered, and like
379 to fall under the tyranny of the Roman See.
1 [This was printed by Wharton ' thirteenth.']
y I The paper containing these suggestions will be printed from the copy in
Prynne.]
316 HISTORY OF THE TROUBLES AND TRIAL
Die The seventh Additional Article :—
Decimo-
ocuvo. That the said Archbishop at several times within these ten
years last past, at Westminster, and elsewhere ivithin this
realm, contrary to the known laws of this land, hath
endeavoured to advance Popery and superstition within
the realm. And for that end and purpose hath loittingly
and willingly received, harboured, and relieved divers
Popish priests and Jesuits, namely one called Sancta Clara,
alias Damport, a dangerous person, and Franciscan friar,
who, having written a popish and seditious book, intituled
Deus, Natura, Gratia, wherein the Thirty-nine Articles
of the Church of England established by Act of Parlia
ment , were much traduced and scandalized ; the (21 & said
Archbp. had divers conferences with him, ivhile he was in
writing the said book ; and did also provide maintenance
and entertainment for one Monsieur S. Giles, a Popish
priest, at Oxford ; knowing him to be a Popish priest.
I. The first charge, they said ', was to be laid as a foundation,
and it was, ' that I was generally reputed a Papist in heart,
both in Oxford, and since I came thence.'
1. The first witness for this was Dr. Featly. He says,
' there was such an opinion of me thirty years since there/
But he says, he never heard any popish opinion maintained
by me. So here ;s nothing of knowledge : and if I should
say, that above thirty years ago there was an opinion, that
Dr. Featly, then in Oxford, was a Puritan ; this could make
no proof against him ; nor can his saying that I was reputed
a Papist, make any proof against me. He says further, ' that
one Mr. Russel, who had been bred in S. John's College, told
him, in Paris, that I maintained some Catholic opinions/
First, Mr. Nicolas would have it, ' that this Mr. Russel was my
scholar:3 but that the whole college can witness it is not so;
nor had he ever any relation to me, in the least degree. After
his father's death, he left the college, and went beyond sea;
where the weak man (for such he was) lost his religion2.
1 [Wharton printed 'say.']
' [George Russell, of S. John's Col- the College, but retaining in his hands
lege, elected from Merchant Tailors' the College money, went beyond the
School. He was afterwards Bursar of seas, and became pensioner to the
OF ARCHBISHOP LAUD. 317 •
Secondly, Dr. Featly says expressly, that Mr. Russel said, Die
1 1 was no Papist -' which, for the countenance of his OAvn octayo.
change, he would never have said, had he thought me one.
Thirdly, if he did say that I maintained some Catholic opinions,
yet he named none, by which there might be trial and judg
ment, whether they were such or no, in the sense he meant
them J. Lastly, Mr. Perkins, in his 'Reformed Catholic/ sets
down divers opinions in which they of Rome and we agree a :
shall he be a Papist for this ? Or shall not that which is
lawful for him, be as lawful for me ?
2. The second witness was one Harris b. He says, 'that
Mr. Ireland c, (who was some time student of Christ-Church
in Oxford, and after schoolmaster at Westminster,) ' told him
that I would leave the Church of England/ This is a bare
report from Mr. Ireland, with whom I never had any ac
quaintance, nor was scarce in his company twice in all my
380 life. Nor is it in my power to hinder what Mr. Ireland will
say, or Mr. Harris from him. He says, ' that one that called
himself Leander d, came over on purpose to make this recon
ciliation/ If he did (which is more than I know or believe)
I think he would hardly make such a one, as Harris is
reported to be, acquainted with it. But howsoever, if he did
come with that purpose, was it in my power to hinder his
coming ? And here is no proof offered that I did help 011
his purpose, or so much as know of it. He says, ' he often
petitioned me for relief, but had none/ It may be, I well
knew he deserved none : and your Lps. know that by law I
might not afford him any. Had I given him any, I should
1 ['in the . . . them.' in margin.]
Archduke of Austria, and a man of d [Father Leander & S. Martino.
consequence in his dominions. (Wood, His proper name was John Jones,
F. O. i. 281.)] elected from Merchant Tailors' School
n [This is the case in every point to S. John's College, Oxford, in 1594
which he discusses; stating first the (Wilson, Merchant Tailors' School,
agreements and then the differences.] p. 1190), not 1591, as stated by Wood
b [See the deposition of Francis (Ath. Ox. ii. 603). He afterwards be-
Harris in Prynne, Cant. D om, pp. came a Benedictine monk, and Profes-
411, 412.] sor of Hebrew at Douay. See a full ac-
c [Eichard Ireland was Master of count of his life, and his proceedings
Westminster School when Bishop An- in England, in Butler's Memoirs of
drewes was Dean, and Hac\et one of English Catholics, vol. ii. p. 311, and
the Scholars. (Wood, Ath. Ox. iv. Dodd's Church History, vol. iii. p. 112.1
824.)]
318 HISTORY OF THE TROUBLES AND TRIAL
Die now have heard it with both ears. For I am informed lie is
Decimo- . -. .
octavo. ft priest, and condemned m ^jwaemunire, and was let out oi
prison, on purpose to be a witness against me e. And having
set that which is aforesaid under his hand, is now slipped
away, and gone. Who got him out of prison for this good
purpose, I know not ; but sure somewhat there is in it, for
your Lps. see his testimony is now read, but he appears not.
3. The third witness was Sir Nathaniel Brent f (now
absent, but came in the next day). He says, ' I was esteemed
popishly affected in Oxford ;' and he gave three instances very
carefully, to prove it. The first was, ' that in the Divinity
School there, I maintained the necessity of baptism/ I did
so ; and my predecessor Archbishop Abbot was then Vice-
Chancellor, and present, and approved my opinion • and my
grace passed for my degree to be Bachelor of Divinity without
any one man's opposition *. He says, ' that Mr. Dale, of
Merton College11, then showed him all my sup (2 13) position
taken out of Bellarmin. This is a bold and a dangerous
oath : he might swear that Mr. Dale showed him in Bellarmin,
that which he said was my supposition : but that he showed
him all my supposition there, is a strange oath for a man of
learning and law to make, and in such a presence. Besides,
I have my supposition, which I then made, yet by me ; and
if my tenet of that question be the same with Bellarmin's,
or that there be any line taken out of him, but what I cite
for my own advantage against him, I will utterly forfeit my
reputation of any learning to your Lps. His second instance
was, ' that I was acquainted with one Mr. Brown *, Fellow of
Corpus Christi College in Oxford, who was suspected to be
a Papist, and after his death proved to be one by a book that
was found in his study, proving that a man might be a Roman
Catholic, and yet go to Church and conform in England.'
I was acquainted with this man ; he was a very good scholar
and an honest man, and a good Protestant, for aught I know.
For the tract found after his death among his papers, that's
e [Harris had been released from e [He took the degree of B.D. July
prison June 4, 1634, by Windebank's 6, 1604. Abbot held his Vice-chan-
ineans. (See Prynne, Hidden Works, cellorship till July 14.]
1>. 123.)] h [Christopher Dale, his colleague
f [Warden of Merton, and Vicar- as Proctor in 1603.]
General. See his Life in Wood, Ath. '« [Walter Brown, B.D. April <>,1606.
Ox. iii. 333.] (Wood, F. O. i. 317.)]
OF ARCHBISHOP LAUD. 319
no proof: for scholars get all the papers they can, especially Die
such as belong to their own profession. And the more strange
the opinions are, the more do they labour to get them. Nor
is it any proof ' that the tract was of his making, because
written in his own hand/ as 'tis urged. For the argument
being so foul and dangerous, it could not be safe for him,
nor any way fit, to commit it to any other to write for him.
Nor is there any proof that I knew he had such a tract by
him ; neither indeed did I. The opinion is very base and
381 unworthy, and was first broached by the Jesuit Azorius k, and
it seems some of his fellows had enlarged him, and made this
tract out of his principles. His third instance was, ' that I peti
tioned King James in this business/ I was complained of to
King James by a great person, that I had inward acquaintance
with this man. Hereupon, my waiting month being June,
and not long after the complaint made, I took occasion in my
first sermon to confute this opinion, and then petitioned his
Majesty that it might be examined, that such an imputation
might not lie upon me. His Majesty referred it to the Lords
Archbishop of Canterbury, Bishops of London, Winchester,
and Duresm1; where after full examination I was acquitted.
The second charge was, that the same opinion was held of II
me beyond the seas, ' that I was a cunning promoter of the
Roman cause/ And here the witnesses are the same, which
were produced before ; Mr. Challoner, who told over his old
tale again of I know not what plot he heard from a Jesuit m :
nothing but hearsay at the best. And it savours like an
almanack de post facto, " or rather of somewhat else, which
I will spare to name, because he is upon his oath." The
other witness is Mr. Anthony Mildmay n, who also tells over
his old tale of his Father Fitton. But he was out of the way
again, and' appeared not till the next day, with Sir Nath.
Brent. So here 's a repetition again of the same witnesses,
and the same things, to multiply the noise. " Only noble
Sir Henry Mildmay appeared not the second time; but
k [" Quinto queeritur, An, ubi Catho- esse per se malum."] — Instit. Moral.
Hc'LCumh£ereticisversantur,licitumsit p. i. lib. viii. c. 27. [p. 719. Col. Agr.
Catholico aclire templa, ad quee hsere- 1602.]
tici conveniunt, eorum interesse con- ' Abbot, King, Montague, Neale.
ventibus atque concionibus? Respon- m [See above, p. 245.]
deo, si rei naturam spectemus, id non n [See above, p. 246.]
320 HISTORY OF THE TROUBLES AND TRIAL
Die whether it were because he had enough at his first appearance,
o cUvo° or whether his face was scratched then (as since men say it
was) I cannot tell."
III. The third charge was, 'that I had a damnable plot, to
reconcile the Church of England with the Church of Rome/
If to reconcile them with the maintenance of idolatry, it were
a damnable plot indeed. But if Christian truth and peace
might meet and unite together, all Christendom over ; were
that a sin too ? Were I able to plot and effect such a recon
ciliation, I would think myself most happy, whatever I suf
fered for it. But how is this damnable plot proved ? ' Pope
Gregory writ a letter to his nuncio in Spain °, and a letter
also to King Charles P, which letter is printed : copies of these
letters were found in my study/ Could I hinder' the Pope
from writing to whom he pleased ? Shall not I get copies of
any letters I can, to see what practising is abroad for private
interest ? Shall it be lawful for all my (214) predecessors to
get and keep copies of such letters by them, and shall it be
unlawful for me only ? And here I produced Mr. Dobson,
an ancient servant to my predecessors, who witnessed that
Archbishop Bancroft had store of them, and kept them all his
time. Nor do I know how this charge can fall upon me :
for there is no one word in any of the letters produced, that
reflects upon me, or any plot of mine. Nor indeed had I
ever any such to reflect upon.
JYt The fourth charge is, 'that I had a hand in the plot for
sending the King, when he was a prince, into Spain, to be
perverted in his religion/ They follow their proof of this out
. of my Diary : and they begin with my friendship with the
Ld. Duke of Buckingham, who waited on the Prince in this
journey. And first they urged my Diary at June 9, 1622,
where I mention that ' there were then J particulars, which are
not for paper4.1 But the words, which lead these in, were 382
his entrance upon a near respect to me, the particular expres-
1 [' there were then ' in margin.]
0 [See this letter of Gregory XV. to Mcrcure Francois, torn. ix. anno 1623,
the Bishop of Cuen§a, Inquisitor Ge- pp. 509, 510. It has been printed,
neral in Spain, ' from the copy in the among other places, in Rush worth's
Archbishop's study,' in Prynne's Hid- Collection, vol. i. p. 78, and in the Cla-
den Works, pp. 34, 35.] rendon and Hardwick Papers.]
P fPrynne reprints this letter in i [See Works, vol. iii. p. 139.]
Hidden Works, pp. 36—38, from the
OF ARCHBISHOP LAUD. 321
sions whereof ' were not for paper :' nor word, nor thought Die
of either plot or f popery/ Then they urged June 15, 1622, octavo.
where 'tis said, that I ' became C.' that is, ' Confessor to the
Ld. Duke V First, if my Ld. Duke would honour me so much
as to make me his ' confessor/ as I know no sin in it, so is it
abundantly proof, that the passages before mentioned were
not for paper. Should I venture them so, there 's never a
person of honour present, but would think me most unworthy
of that trust. Next, they pressed June 13, 1623, where I
confess, that 'I received letters from my Ld. Duke out of
Spain s. I did so ; and I then held it great honour to me,
and do so still. But then, and long before, it was known to
all men whither he was gone, and with whom : nay, it was
commonly known to all men of quality hereabout within
three or four days : and till it was so commonly known,
I knew it not. Yea, but then they enforced out of Feb. 17,
162f, that the f Prince and the Marquis of Buckingham set
forward very secretly for Spain V And Feb. 21, that ' I writ
to his Lp. into Spain V 'Tis true, they went away that day,
and very secretly ; but I neither did, nor could set it down,
till afterwards that I came to know it. And then, so soon
as I came to know it, which was about the 21st, I did write.
To these was cunningly " (how honestly let all the world
judge)" pieced a passage out of a letter of mine to Bp. Hall x.
But that letter was read, at my humble motion to the Lords,
and the date of it was in 1634 y. So, many years after this
business of Spain. And the passage mentioned, was only
about King James his manner of defending the Pope to be
Antichrist, and how he salved it while the Prince was in Spain.
But King James related it after. Nor could any words of that
letter be drawn to the King's going thither, much less to any
knowledge I had of it.
The fifth charge was ' concerning his Majesty's match with V,
France.' And here again they urge my Diary at Mar. 11,
1625, that ' the Duke of Buckingham was then and there
employed2.' And at May 19a, and 29 b, that ' I then writ
Works, vol. iii. p. 139.]
Ibid. p. 142.
'Ibid. p. 141.
Ibid.]
;See above, p. 308.]
LAUD.— VOL. IV.
The letter was written in 1639.]
Works, vol. iii. p. 162.]
Ibid.]
Ibid. p. 163.]
322 HISTORY OF THE TROUBLES AND TRIAL
Die letters to him.' First, my Lords, I hold it my great honour,
Decline
octavo.
that mv Lord Duke would write to me, and give me leave to
write to him. Secondly, I have committed some error in
these letters, or none. If none, why are they charged? If
any, why are they not produced, that I may see what it is,
and answer it ?
VI. The sixth charge was, ' that I was an instrument of the
Queen's/ This they endeavoured to prove by my Diary in
three places. First, at Aug. 30, 1634. ' Upon occasion of
some service done, she was graciously pleased to give me leave
to have immediate access unto her, when I had occasion0/
This is true, and I most humbly thanked her Majesty for it :
for I very well knew what belonged to addresses at second
hand in court. But what crime is in this, that the Queen
was pleased to give me access unto her, when I had occa
sion ? Here '& no word of religion. Secondly, at May 18,
(215) 1635, where 'tis said, that 'I gave her Majesty an
account of something committed to me d/ If her Majesty
sent or spake to me to do anything, as it seems she did, shall
I want so much duty as to give her an account of it ? So
belike I must be unmannerly with her Majesty, or lie open
to no less than a charge of high treason. Thirdly, at April 3, 383
1639. 'Tis made a great matter, ( that I should then despatch
a great business for the Queen, which I understood she would
not move for herself/ and that ' for this her Majesty gave
me great thanks e/ Mr. Nicolas his inference upon this,
was, ' that they conceive wherefore/ But his conceit makes
no evidence : he must not only conceive, but prove wherefore,
before it can work anything against me. As for religion, as
there is no word of it in my Diary, so neither was it at this
time thought on. Her Majesty would therein have moved
for herself. But it seems it must be a crime if I be but civil
and dutiful towards the Queen, though it be but thrice men
tioned in so many years.
VII. The seventh charge was, that ' I forbad ministers praying
for the Queen's conversion, and punished others/ The first
witness, Mr. Ratcliff f, says, ' that Sir Nath. Brent gave it
c [Works, vol. iii. p. 222.] f [Hugh Ratcliffe, of S. Martin's,
d [Ibid. p. 223.] Ludgate. (See Prynnc'a Cant. Doom,
••• [Ibid. p. 232.] p. 420.)]
OF ARCHBISHOP LAUD. 323
in charge at Bow church in my visitation/ The more to Die
blame he, if so he did. Yea, but he says, ' it was by my
command delivered unto him by Sir John Lambe/ Was it
so ? How doth Mr. Ratcliff know that ? He doth not
express. He was not present, when I spake with Sir John
Lambe. And if Sir Nathaniel Brent told him of it, 'tis but
hearsay. And Sir Nathaniel having been so ready a witness
against me, why is he not examined t